LBD04436-02-9
A. 3664--A 2
be co-extensive with the boundaries of the state. The appointment of a
notary public shall be for a term of four years. An application for an
appointment as notary public shall be in form and set forth such matters
as the secretary of state shall prescribe. Every person appointed as
notary public must, at the time of his or her appointment, be a citizen
of the United States and either a resident of the state of New York or
have an office or place of business in New York state. A notary public
who is a resident of the state and who moves out of the state but still
maintains a place of business or an office in New York state does not
vacate his or her office as a notary public. A notary public who is a
nonresident and who ceases to have an office or place of business in
this state, vacates his or her office as a notary public. A notary
public who is a resident of New York state and moves out of the state
and who does not retain an office or place of business in this state
shall vacate his or her office as a notary public. A non-resident who
accepts the office of notary public in this state thereby appoints the
secretary of state as the person upon whom process can be served on his
or her behalf. Before issuing to any applicant a commission as notary
public, unless he or she be an attorney and counsellor at law duly
admitted to practice in this state or a court clerk of the unified court
system who has been appointed to such position after taking a civil
service promotional examination in the court clerk series of titles, the
secretary of state shall satisfy himself or herself that the applicant
is of good moral character, has the equivalent of a common school educa-
tion and is familiar with the duties and responsibilities of a notary
public; provided, however, that where a notary public applies, before
the expiration of his or her term, for reappointment with the county
clerk or where a person whose term as notary public shall have expired
applies within six months thereafter for reappointment as a notary
public with the county clerk, such qualifying requirements may be waived
by the secretary of state, and further, where an application for reap-
pointment is filed with the county clerk after the expiration of the
aforementioned renewal period by a person who failed or was unable to
re-apply by reason of his or her induction or enlistment in the armed
forces of the United States, such qualifying requirements may also be
waived by the secretary of state, provided such application for reap-
pointment is made within a period of one year after the military
discharge of the applicant under conditions other than dishonorable. In
any case, the appointment or reappointment of any applicant is in the
discretion of the secretary of state. The secretary of state may suspend
or remove from office, for misconduct, any notary public appointed by
him or her but no such removal shall be made unless the person who is
sought to be removed shall have been served with a copy of the charges
against him or her and have an opportunity of being heard. No person
shall be appointed as a notary public under this article who has been
convicted, in this state or any other state or territory, of a felony or
any of the following offenses, to wit:
(a) Illegally using, carrying or possessing a pistol or other danger-
ous weapon; (b) making or possessing burglar's instruments; (c) buying
or receiving or criminally possessing stolen property; (d) unlawful
entry of a building; (e) aiding escape from prison; (f) unlawfully
possessing or distributing habit forming narcotic drugs; (g) violating
sections two hundred seventy, two hundred seventy-a, two hundred seven-
ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
ty-five, two hundred seventy-six, five hundred fifty, five hundred
fifty-one, five hundred fifty-one-a and subdivisions six, eight, ten or
A. 3664--A 3
eleven of section seven hundred twenty-two of the former penal law as in
force and effect immediately prior to September first, nineteen hundred
sixty-seven, or violating sections 165.25, 165.30, subdivision one of
section 240.30, subdivision three of section 240.35 of the penal law, or
violating sections four hundred seventy-eight, four hundred seventy-
nine, four hundred eighty, four hundred eighty-one, four hundred eight-
y-four, four hundred eighty-nine and four hundred ninety-one of the
judiciary law; or (h) vagrancy or prostitution, and who has not subse-
quent to such conviction received an executive pardon therefor OR A
CERTIFICATE OF RELIEF FROM DISABILITIES or a certificate of good conduct
[from the parole board] PURSUANT TO ARTICLE TWENTY-THREE OF THE
CORRECTION LAW to remove the disability under this section because of
such conviction.
2. A person regularly admitted to practice as an attorney and counsel-
lor in the courts of record of this state, whose office for the practice
of law is within the state, may be appointed a notary public and retain
his office as such notary public although he resides in or removes to an
adjoining state. For the purpose of this and the following sections of
this article such person shall be deemed a resident of the county where
he maintains such office.
S 3. Subdivision 3 of section 175 of the executive law, as amended by
chapter 43 of the laws of 2002, is amended to read as follows:
3. Upon a showing by the attorney general in an application for an
injunction that any person engaged in solicitation has been convicted in
this state or elsewhere of a felony or of a misdemeanor involving the
misappropriation, misapplication or misuse of the money or property of
another, and who has not, subsequent to such conviction, received execu-
tive pardon therefor or A CERTIFICATE OF RELIEF FROM DISABILITIES OR a
certificate of good conduct [from the parole board] PURSUANT TO ARTICLE
TWENTY-THREE OF THE CORRECTION LAW, the supreme court, after a hearing,
may enjoin such person from engaging in any solicitation.
S 4. The opening paragraph of subdivision 2 of section 102 of the
alcoholic beverage control law, as amended by chapter 340 of the laws of
1972, is amended to read as follows:
No person holding any license hereunder, other than a license to sell
an alcoholic beverage at retail for off-premises consumption, shall
knowingly employ in connection with his business in any capacity whatso-
ever, any person, who has been convicted of a felony, or any of the
following offenses, who has not subsequent to such conviction received
an executive pardon therefor removing any civil disabilities incurred
thereby, A CERTIFICATE OF RELIEF FROM DISABILITIES OR a certificate of
good conduct PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION LAW, or
other relief from disabilities provided by law, or the written approval
of the state liquor authority permitting such employment, to wit:
S 5. Subdivision 4 of section 96-z-3 of the agriculture and markets
law, as added by chapter 391 of the laws of 1968, is amended to read as
follows:
(4) applicant, an officer, director, partner, or holder of ten per
centum or more of the voting stock of an applicant has been convicted of
a felony by a court of the United States or any state or territory ther-
eof, without subsequent pardon by the governor or other appropriate
authority of the state or jurisdiction in which such conviction
occurred, or the receipt of [either] A CERTIFICATE OF RELIEF FROM DISA-
BILITIES OR a certificate of good conduct [from the board of parole]
pursuant to [the executive law] ARTICLE TWENTY-THREE OF THE CORRECTION
LAW,
A. 3664--A 4
S 6. Paragraph (d) of subdivision 4 of section 129 of the agriculture
and markets law, as added by chapter 816 of the laws of 1974, is amended
to read as follows:
(d) The applicant or registrant, or an officer, director, partner or
holder of ten per centum or more of the voting stock of the applicant or
registrant, has been convicted of a felony by a court of the United
States or any state or territory thereof, without subsequent pardon by
the governor or other appropriate authority of the state or jurisdiction
in which such conviction occurred, or receipt of a CERTIFICATE OF RELIEF
FROM DISABILITIES OR A certificate of good conduct [from the board of
parole] pursuant to ARTICLE TWENTY-THREE OF the correction law;
S 7. Paragraph (b) of subdivision 6 of section 369 of the banking law,
as amended by chapter 164 of the laws of 2003, is amended to read as
follows:
(b) is associating or consorting with any person who has, or persons
who have, been convicted of a crime or crimes in any jurisdiction or
jurisdictions; provided, however, that the superintendent shall not
issue such a license if he shall find that the applicant, or any person
who is a director, officer, partner, agent, employee or substantial
stockholder of the applicant, has been convicted of a felony in any
jurisdiction or of a crime which, if committed within this state, would
constitute a felony under the laws thereof. For the purposes of this
article, a person shall be deemed to have been convicted of a crime if
such person shall have pleaded guilty to a charge thereof before a court
or magistrate, or shall have been found guilty thereof by the decision
or judgment of a court or magistrate or by the verdict of a jury, irre-
spective of the pronouncement of sentence or the suspension thereof,
unless such plea of guilty, or such decision, judgment or verdict, shall
have been set aside, reversed or otherwise abrogated by lawful judicial
process or unless the person convicted of the crime shall have received
a pardon therefor from the president of the United States or the gover-
nor or other pardoning authority in the jurisdiction where the
conviction was had, or shall have received a CERTIFICATE OF RELIEF FROM
DISABILITIES OR A certificate of good conduct [granted by the board of
parole] pursuant to [the provisions of the executive law] ARTICLE TWEN-
TY-THREE OF THE CORRECTION LAW to remove the disability under this arti-
cle because of such conviction. The term "substantial stockholder," as
used in this subdivision, shall be deemed to refer to a person owning or
controlling ten per centum or more of the total outstanding stock of the
corporation in which such person is a stockholder. In making a determi-
nation pursuant to this subdivision, the superintendent shall require
fingerprinting of the applicant. Such fingerprints shall be submitted to
the division of criminal justice services for a state criminal history
record check, as defined in subdivision one of section three thousand
thirty-five of the education law, and may be submitted to the federal
bureau of investigation for a national criminal history record check.
S 8. Paragraph (b) of subdivision 3 of section 599-c of the banking
law, as amended by chapter 553 of the laws of 2007, is amended to read
as follows:
(b) For the purposes of paragraph (a) of this subdivision, a person
shall be deemed to have been convicted of a crime if such person shall
have pled guilty to a charge thereof before a court or magistrate, or
shall have been found guilty thereof by the decision or judgment of a
court or magistrate or by the verdict of a jury, irrespective of the
pronouncement of sentence or the suspension thereof; provided, however,
such conviction of a crime shall not require the superintendent to
A. 3664--A 5
refuse to authorize such applicant, if such plea of guilty, or such
decision, judgment or verdict, shall have been set aside, reversed or
otherwise abrogated by lawful judicial process or unless the person
convicted of the crime shall have received a pardon therefor from the
president of the United States or the governor or other pardoning
authority in the jurisdiction where the conviction was had, or shall
have received a CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate
of good conduct [granted by the board of parole] pursuant to [the
provisions of the executive law] ARTICLE TWENTY-THREE OF THE CORRECTION
LAW to remove the disability under this article because of such
conviction. Notwithstanding the foregoing, the superintendent shall
consider the factors set forth in section seven hundred fifty-three of
the correction law when making a determination to refuse to issue or
renew, or to revoke or suspend an authorization.
S 9. Subdivision 4 of section 79-a of the civil rights law, as amended
by chapter 687 of the laws of 1973, is amended to read as follows:
4. This section shall not apply to a person sentenced to imprisonment
for an indeterminate term, having a minimum of one day and a maximum of
his natural life.
Nothing in this section shall be deemed to preclude the issuance of a
CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate of good conduct
[by the board of parole] pursuant to ARTICLE TWENTY-THREE OF THE
CORRECTION law to a person who previously has been sentenced to impri-
sonment for life.
S 10. Paragraph b of subdivision 5 of section 2018-a of the education
law, as amended by chapter 506 of the laws of 1991, is amended to read
as follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States, and will be at
least eighteen years of age, on the date of the school district
election; that I will have been a resident of this state and of the
school district and school election district, if any, shown on the
reverse side of this envelope for thirty days next preceding the said
election and duly registered in the school district and school election
district, if any, shown on the reverse side of this envelope and that I
am or on such date will be, a qualified voter of said school district;
that I will be unable to appear personally on the day of said school
district election at the polling place of the said district in which I
am or will be a qualified voter because of the reason stated on my
application heretofore submitted; that I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
have not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school district election; and
that I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the right of suffrage, or received
A. 3664--A 6
a CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate of good
conduct [granted by the board of parole] pursuant to [the provisions of
the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law removing my
disability to register and vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date.....................Signature of Voter ..........................
S 11. Paragraph b of subdivision 6 of section 2018-b of the education
law, as amended by chapter 46 of the laws of 1992, is amended to read as
follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States, and will be at
least eighteen years of age on the date of the school district election;
that I will have been a resident of this state and of the school
district and school election district, if any, shown on the reverse side
of this envelope for thirty days next preceding the said election and
that I am or on such date will be, a qualified voter of said school
district; that I will be unable to appear personally on the day of said
school district election at the polling place of the said district in
which I am or will be a qualified voter because of the reason stated on
my application heretofore submitted; that I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
have not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school district election; and
that I have not been convicted of bribery [of] OR any infamous crime,
or, if so convicted, that I have been pardoned or restored to all the
rights of a citizen, without restriction as to the right of suffrage, or
have received a CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate
of good conduct [granted by the board of parole] pursuant to [the
provisions of the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law
removing my disability to vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date....................Signature of Voter ...........................
S 12. Paragraph b of subdivision 5 of section 84-a of the town law, as
amended by chapter 281 of the laws of 1998, is amended to read as
follows:
A. 3664--A 7
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the special town election; that I will have been a resident of this
state and of the town shown on the reverse side of this envelope for
thirty days next preceding the said election; that I am or on such date
will be, a registered voter of said town; that I will be unable to
appear personally on the day of said special town election at the poll-
ing place of the election district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
special town election, and have not made any promise to influence the
giving or withholding of any such votes; that I have not made or become
directly or indirectly interested in any bet or wager depending upon the
result of this special town election; and that I have not been convicted
of bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a CERTIFICATE OF RELIEF FROM
DISABILITIES OR A certificate of good conduct [granted by the board of
parole] pursuant to [the provisions of the executive] ARTICLE
TWENTY-THREE OF THE CORRECTION law removing my disability to register
and vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date.............. Signature of Voter..................
S 13. Paragraph b of subdivision 5 of section 175-b of the town law,
as amended by chapter 401 of the laws of 1996, is amended to read as
follows:
b. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident of this state
and of the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that I am or on
such date will be, a registered voter of said district; that I will be
unable to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
A. 3664--A 8
or withholding of any such votes; that I have not made or become direct-
ly or indirectly interested in any bet or wager depending upon the
result of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a CERTIFICATE OF RELIEF FROM
DISABILITIES OR A certificate of good conduct [granted by the board of
parole] pursuant to [the provisions of the executive] ARTICLE
TWENTY-THREE OF THE CORRECTION law removing my disability to register
and vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date..............Signature of Voter..................
S 14. Paragraph b of subdivision 5 of section 213-b of the town law,
as added by chapter 400 of the laws of 1985, is amended to read as
follows:
b. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident of this state
and of the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that I am or on
such date will be, a registered voter of said district; that I will be
unable to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly or indirectly interested in any bet or wager depending upon the
result of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a CERTIFICATE OF RELIEF FROM
DISABILITIES OR A certificate of good conduct [granted by the board of
parole] pursuant to [the provisions of the executive] ARTICLE
TWENTY-THREE OF THE CORRECTION law removing my disability to register
and vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date............. Signature of Voter ..............................
S 15. Paragraph (h) of subdivision 2 of section 74 of the general
business law, as amended by chapter 680 of the laws of 1967, is amended
to read as follows:
A. 3664--A 9
(h) violating section seven hundred forty-two, section seven hundred
forty-three, or section seven hundred forty-five of the said former
penal law, or violating any section contained in article two hundred
fifty of the penal law. Except as hereinafter in this subdivision
provided, no license shall be issued to any person whose license has
been previously revoked by the department of state or the authorities of
any other state or territory because of conviction of any of the
offenses specified in this section. The provisions of this subdivision
shall not prevent the issuance of a license to any person who, subse-
quent to his conviction, shall have received executive pardon therefor
removing this disability, or who has received a CERTIFICATE OF RELIEF
FROM DISABILITIES OR A certificate of good conduct [granted by the board
of parole] pursuant to [the provisions of the executive] ARTICLE TWEN-
TY-THREE OF THE CORRECTION law to remove the disability under this
section because of such conviction or previous license revocation occa-
sioned thereby.
S 16. Subdivision 1 of section 81 of the general business law, as
amended by chapter 562 of the laws of 2000, is amended to read as
follows:
1. The holder of any license certificate issued pursuant to this arti-
cle may employ to assist him in his work of private detective or inves-
tigator or bail enforcement agent as described in section seventy-one OF
THIS ARTICLE and in the conduct of such business as many persons as he
may deem necessary, and shall at all times during such employment be
legally responsible for the good conduct in the business of each and
every person so employed.
No holder of any unexpired license certificate issued pursuant to this
article shall knowingly employ in connection with his or its business in
any capacity whatsoever, any person who has been convicted of a felony
or any of the offenses specified in subdivision two of section seventy-
four of this [chapter] ARTICLE, and who has not subsequent to such
conviction received executive pardon therefor removing this disability,
or received a CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate
of good conduct [granted by the board of parole] pursuant to [the
provisions of the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law
to remove the disability under this section because of such a
conviction, or any person whose private detective or investigator's
license or bail enforcement agent's license was revoked or application
for such license was denied by the department of state or by the author-
ities of any other state or territory because of conviction of any of
such offenses. Should the holder of an unexpired license certificate
falsely state or represent that a person is or has been in his employ,
such false statement or misrepresentation shall be sufficient cause for
the revocation of such license. Any person falsely stating or represent-
ing that he is or has been a detective or employed by a detective agency
or that he is or has been a bail enforcement agent or employed by a bail
enforcement agency shall be guilty of a misdemeanor.
S 17. Paragraph (a) of subdivision 1 of section 191 of the general
municipal law, as amended by chapter 574 of the laws of 1978, is amended
to read as follows:
(a) Issuance of licenses to conduct games of chance. If such clerk or
department shall determine that the applicant is duly qualified to be
licensed to conduct games of chance under this article; that the member
or members of the applicant designated in the application to manage
games of chance are bona fide active members of the applicant and are
persons of good moral character and have never been convicted of a
A. 3664--A 10
crime, or, if convicted, have received a pardon, a certificate of good
conduct or a certificate of relief from disabilities PURSUANT TO ARTICLE
TWENTY-THREE OF THE CORRECTION LAW; that such games are to be conducted
in accordance with the provisions of this article and in accordance with
the rules and regulations of the board and applicable local laws or
ordinances and that the proceeds thereof are to be disposed of as
provided by this article, and if such clerk or department is satisfied
that no commission, salary, compensation, reward or recompense whatever
will be paid or given to any person managing, operating or assisting
therein except as in this article otherwise provided; it shall issue a
license to the applicant for the conduct of games of chance upon payment
of a license fee of twenty-five dollars for each license period.
S 18. Paragraph (a) of subdivision 9 of section 476 of the general
municipal law, as amended by chapter 1057 of the laws of 1965, is
amended to read as follows:
(a) a person convicted of a crime who has not received a pardon or a
certificate of good conduct OR A CERTIFICATE OF RELIEF FROM DISABILITIES
PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION LAW;
S 19. Paragraph (a) of subdivision 1 of section 481 of the general
municipal law, as amended by chapter 328 of the laws of 1994, is amended
to read as follows:
(a) Issuance of licenses to conduct bingo. If the governing body of
the municipality shall determine that the applicant is duly qualified to
be licensed to conduct bingo under this article; that the member or
members of the applicant designated in the application to conduct bingo
are bona fide active members of the applicant and are persons of good
moral character and have never been convicted of a crime or, if
convicted, have received a pardon or a certificate of good conduct OR A
CERTIFICATE OF RELIEF FROM DISABILITIES PURSUANT TO ARTICLE TWENTY-THREE
OF THE CORRECTION LAW; that such games are to be conducted in accordance
with the provisions of this article and in accordance with the rules and
regulations of the commission, and that the proceeds thereof are to be
disposed of as provided by this article, and if the governing body is
satisfied that no commission, salary, compensation, reward or recompense
whatever will be paid or given to any person holding, operating or
conducting or assisting in the holding, operation and conduct of any
such games except as in this article otherwise provided; and that no
prize will be offered and given in excess of the sum or value of one
thousand dollars in any single game and that the aggregate of all prizes
offered and given in all of such games conducted on a single occasion,
under said license shall not exceed the sum or value of three thousand
dollars, it shall issue a license to the applicant for the conduct of
bingo upon payment of a license fee of eighteen dollars and seventy-five
cents for each bingo occasion; provided, however, that the governing
body shall refuse to issue a license to an applicant seeking to conduct
bingo in premises of a licensed commercial lessor where it determines
that the premises presently owned or occupied by said applicant are in
every respect adequate and suitable for conducting bingo games.
S 20. Paragraph 4 of subsection (d) of section 2108 of the insurance
law is amended to read as follows:
(4) This subsection shall not prevent the employment of or the issu-
ance of a license to any person who, subsequent to his conviction, shall
have received executive pardon therefor removing this disability, or who
has received a CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate
of good conduct [granted by the board of parole] pursuant to [the
provisions of the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law
A. 3664--A 11
to remove the disability under this section because of such conviction
or previous license revocation occasioned thereby.
S 21. Paragraph 1 of subsection (c) of section 4413 of the insurance
law is amended to read as follows:
(1) No person who has been convicted by a court of the United States
or by a court of any state or territory thereof of a felony, or of any
crime or offense involving fraudulent or dishonest practices, shall
serve, be appointed, designated or employed as a trustee, administrator,
officer, agent or employee of any employee welfare fund (other than an
employee performing non-discretionary clerical or building maintenance
duties exclusively) during or for five years after such conviction or
the suspension of sentence therefor or from the date of his unrevoked
release from custody by parole, commutation or termination of sentence,
whichever event occurs later, unless prior to the expiration of said
five year period the conviction is finally reversed by a court of compe-
tent jurisdiction or he has been pardoned therefor by the governor or
other appropriate authority of the state or jurisdiction in which he was
convicted or he has received a certificate of relief from disabilities
OR A CERTIFICATE OF GOOD CONDUCT pursuant to the provisions of article
twenty-three of the correction law which specifically removes the disa-
bility herein provided.
S 22. Paragraph (a) of subdivision 5 of section 2806 of the public
health law, as amended by chapter 584 of the laws of 1983, is amended to
read as follows:
(a) Except as provided in paragraphs (b) and (d) of this subdivision,
anything contained in this section or in a certificate of relief from
disabilities OR A CERTIFICATE OF GOOD CONDUCT issued pursuant to article
twenty-three of the correction law to the contrary notwithstanding, a
hospital operating certificate of a hospital under control of a control-
ling person as defined in paragraph (a) of subdivision twelve of section
twenty-eight hundred one-a of this [chapter] ARTICLE, or under control
of any other entity, shall be revoked upon a finding by the department
that such controlling person or any individual, member of a partnership
or shareholder of a corporation to whom or to which an operating certif-
icate has been issued, has been convicted of a class A, B or C felony,
or a felony related in any way to any activity or program subject to the
regulations, supervision, or administration of the department or of the
[department of social services] OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE or in violation of the public officers law in a court of
competent jurisdiction in the state, or of a crime outside the state
which, if committed within the state, would have been a class A, B or C
felony or a felony related in any way to any activity or program subject
to the regulations, supervision, or administration of the department or
of the [department of social services] OFFICE OF TEMPORARY AND DISABILI-
TY ASSISTANCE or in violation of the public officers law.
S 23. Paragraph (c) of subdivision 2 of section 2897 of the public
health law, as added by chapter 569 of the laws of 1970, is amended to
read as follows:
(c) If a person convicted of a felony or crime deemed hereby to be a
felony is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States, or shall
receive a CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate of
good conduct [granted by the board of parole] pursuant to [the
provisions of the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law
for the purpose of removing the disability under this section because of
such conviction, the board may, in its discretion, on application of
A. 3664--A 12
such person, and on the submission to it of satisfactory evidence,
restore to such person the right to practice nursing home administration
in this state.
S 24. Section 3454 of the public health law is amended to read as
follows:
S 3454. Restoration of licenses after conviction of a felony. If a
person convicted of a felony or crime deemed to be a felony is subse-
quently pardoned by the governor of the state where such conviction was
had or by the president of the United States, or shall receive a CERTIF-
ICATE OF RELIEF FROM DISABILITIES OR A certificate of good conduct
[granted by the board of parole] pursuant to [the provisions of the
executive] ARTICLE TWENTY-THREE OF THE CORRECTION law to remove the
disability under this section because of such conviction, the commis-
sioner may, in his discretion, on application of such person, and on the
submission to him of satisfactory evidence, restore to such person the
right to practice in this state.
S 25. The first undesignated paragraph of section 440-a of the real
property law, as amended by chapter 430 of the laws of 2008, is amended
to read as follows:
No person, co-partnership, limited liability company or corporation
shall engage in or follow the business or occupation of, or hold himself
or itself out or act temporarily or otherwise as a real estate broker or
real estate salesman in this state without first procuring a license
therefor as provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as an indi-
vidual or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over, a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States.
No person shall be entitled to a license as a real estate salesman under
this article unless he or she is over the age of eighteen years. No
person shall be entitled to a license as a real estate broker or real
estate salesman under this article who has been convicted in this state
or elsewhere of a felony, of a sex offense, as defined in subdivision
two of section one hundred sixty-eight-a of the correction law or any
offense committed outside of this state which would constitute a sex
offense, or a sexually violent offense, as defined in subdivision three
of section one hundred sixty-eight-a of the correction law or any
offense committed outside this state which would constitute a sexually
violent offense, and who has not subsequent to such conviction received
executive pardon therefor or a CERTIFICATE OF RELIEF FROM DISABILITIES
OR A certificate of good conduct [from the parole board] PURSUANT TO
ARTICLE TWENTY-THREE OF THE CORRECTION LAW, to remove the disability
under this section because of such conviction. No person shall be enti-
tled to a license as a real estate broker or real estate salesman under
this article who does not meet the requirements of section 3-503 of the
general obligations law.
S 26. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
amended by chapter 276 of the laws of 1986, is amended to read as
follows:
(c) If a person convicted of a felony or crime deemed hereby to be a
felony is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States, or shall
receive a CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate of
good conduct [granted by the board of parole] pursuant to [the
provisions of the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law
A. 3664--A 13
for the purpose of removing the disability under this section because of
such conviction, the tax commission may, in its discretion, on applica-
tion of such person and compliance with subdivision two of this section,
and on the submission to it of satisfactory evidence of good moral char-
acter and suitability, again register such person as a distributor under
this article.
S 26-a. Paragraph (a) of subdivision 1 of section 509-c of the vehicle
and traffic law, as amended by chapter 360 of the laws of 1986, is
amended to read as follows:
(a) permanently, if that person has been convicted of or forfeited
bond or collateral which forfeiture order has not been vacated or the
subject of an order of remission upon a violation of section 130.30,
130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
offense committed under a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed outside of this state which would constitute a
violation of the aforesaid sections of the penal law, provided, however,
the provisions of this paragraph shall not apply to convictions, suspen-
sions or revocations or forfeitures of bonds for collateral upon any of
the charges listed in this paragraph for violations which occurred prior
to September first, nineteen hundred seventy-four committed by a person
employed as a bus driver on September first, nineteen hundred seventy-
four. However, such disqualification may be waived provided that five
years have expired since the applicant was discharged or released from a
sentence of imprisonment imposed pursuant to conviction of an offense
that requires disqualification under this paragraph and that the appli-
cant shall have been granted a certificate of relief from disabilities
[as provided for in section seven hundred one] OR A CERTIFICATE OF GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the correction law.
S 27. Paragraph (a) of subdivision 2 of section 509-c of the vehicle
and traffic law, as added by chapter 675 of the laws of 1985, is amended
to read as follows:
(a) permanently, if that person has been convicted of or forfeited
bond or collateral which forfeiture order has not been vacated or the
subject of an order of remission upon a violation committed prior to
September fifteenth, nineteen hundred eighty-five, of section 130.30,
130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
offense committed under a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed outside of this state which would constitute a
violation of the aforesaid sections of the penal law. However, such
disqualification may be waived provided that five years have expired
since the applicant was discharged or released from a sentence of impri-
sonment imposed pursuant to conviction of an offense that requires
disqualification under this paragraph and that the applicant shall have
been granted a certificate of relief from disabilities [as provided for
in section seven hundred one] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT
TO ARTICLE TWENTY-THREE of the correction law.
S 28. Subparagraphs (i), (ii) and (iii) of paragraph (a) and subpara-
graph (i) of paragraph (b) of subdivision 1 of section 509-cc of the
vehicle and traffic law, as added by chapter 675 of the laws of 1985,
are amended to read as follows:
(i) has been convicted of or forfeited bond or collateral which
forfeiture order has not been vacated or the subject of an order of
remission upon a violation committed prior to September fifteenth, nine-
teen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50,
A. 3664--A 14
130.60, or 130.65 of the penal law, or an offense committed under a
former section of the penal law which would constitute a violation of
the aforesaid sections of the penal law or any offense committed outside
of this state which would constitute a violation of the aforesaid
sections of the penal law, provided, however, the provisions of this
subparagraph shall not apply to convictions, suspensions or revocations
or forfeitures of bonds for collateral upon any of the charges listed in
this subparagraph for violations which occurred prior to September
first, nineteen hundred seventy-four committed by a person employed as a
bus driver on September first, nineteen hundred seventy-four. However,
such disqualification may be waived provided that five years have
expired since the applicant was discharged or released from a sentence
of imprisonment imposed pursuant to conviction of an offense that
requires disqualification under this paragraph and that the applicant
shall have been granted a certificate of relief from disabilities [as
provided for in section seven hundred one] OR A CERTIFICATE OF GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the correction law. When the
certificate is issued by a court for a conviction which occurred in this
state, it shall only be issued by the court having jurisdiction over
such conviction. Such certificate shall specifically indicate that the
authority granting such certificate has considered the bearing, if any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school children to the applicant's prospective employment, prior to
granting such a certificate; or
(ii) has been convicted of an offense listed in paragraph (a) of
subdivision four of this section that was committed on or after Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion may be waived by the commissioner provided that five years have
expired since the applicant was discharged or released from a sentence
of imprisonment imposed pursuant to conviction of an offense that
requires disqualification under this paragraph and that the applicant
shall have been granted a certificate of relief from disabilities [as
provided for in section seven hundred one] OR A CERTIFICATE OF GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the correction law. When the
certificate is issued by a court for a conviction which occurred in this
state, it shall only be issued by the court having jurisdiction over
such conviction. Such certificate shall specifically indicate that the
authority granting such certificate has considered the bearing, if any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school children, prior to granting such a certificate; or
(iii) has been convicted of an offense listed in paragraph (b) of
subdivision four of this section that was committed on or after Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion shall be waived provided that five years have expired since the
applicant discharged or released from a sentence of imprisonment imposed
pursuant to conviction of an offense that requires disqualification
under this paragraph and that the applicant shall have been granted a
certificate of relief from disabilities [as provided for in section
seven hundred one] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO ARTICLE
TWENTY-THREE of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense or
A. 3664--A 15
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children, prior
to granting such a certificate. Provided, however, that at the
discretion of the commissioner, the certificate of relief from disabili-
ties may remove disqualification at any time; or
(i) has been convicted within the preceding five years of an offense
listed in paragraph (c) of subdivision four of this section that was
committed on or after September fifteenth, nineteen hundred eighty-five.
However, such disqualification shall be waived provided that the appli-
cant has been granted a certificate of relief from disabilities [as
provided for in section seven hundred one] OR A CERTIFICATE OF GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the correction law. When the
certificate is issued by a court for a conviction which occurred in this
state, it shall only be issued by the court having jurisdiction over
such conviction. Such certificate shall specifically indicate that the
authority granting such certificate has considered the bearing, if any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school children, prior to granting such a certificate;
S 29. Paragraphs (a) and (b) and subparagraph (i) of paragraph (c) of
subdivision 2 of section 509-cc of the vehicle and traffic law, para-
graph (a) and subparagraph (i) of paragraph (c) as amended by chapter
675 of the laws of 1985 and paragraph (b) as amended by chapter 360 of
the laws of 1986, are amended to read as follows:
(a) permanently, if that person has been convicted of an offense list-
ed in paragraph (a) of subdivision four of this section. However, such
disqualification may be waived by the commissioner provided that five
years have expired since the applicant was discharged or released from a
sentence of imprisonment imposed pursuant to conviction of an offense
that requires disqualification under this paragraph and that the appli-
cant shall have been granted a certificate of relief from disabilities
[as provided for in section seven hundred one] OR A CERTIFICATE OF GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the correction law. When the
certificate is issued by a court for a conviction which occurred in this
state, it shall only be issued by the court having jurisdiction over
such conviction. Such certificate shall specifically indicate that the
authority granting such certificate has considered the bearing, if any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school children to the applicant's prospective employment, prior to
granting such a certificate.
(b) permanently, if that person has been convicted of an offense list-
ed in paragraph (b) of subdivision four of this section. However, such
disqualification shall be waived provided that five years have expired
since the applicant was incarcerated pursuant to a sentence of imprison-
ment imposed on conviction of an offense that requires disqualification
under this paragraph and that the applicant shall have been granted a
certificate of relief from disabilities [as provided for in section
seven hundred one] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO ARTICLE
TWENTY-THREE of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children, prior
A. 3664--A 16
to granting such a certificate. Provided, however, that at the
discretion of the commissioner the certificate of relief from disabili-
ties OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO ARTICLE TWENTY-THREE
OF THE CORRECTION LAW may remove disqualification at any time.
(i) has been convicted within the preceding five years of an offense
listed in paragraph (c) of subdivision four of this section. However,
notwithstanding the provisions of subdivision three of section seven
hundred one of the correction law. Such disqualification shall be waived
provided that the applicant has been granted a certificate of relief
from disabilities [as provided for in section seven hundred one-g] OR A
CERTIFICATE OF GOOD CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the
correction law. When the certificate is issued by a court for a
conviction which occurred in this state, it shall only be issued by the
court having jurisdiction over such conviction. Such certificate shall
specifically indicate that the authority granting such certificate has
considered the bearing, if any, the criminal offense or offenses for
which the person was convicted will have on the applicant's fitness or
ability to operate a bus transporting school children, prior to granting
such a certificate.
S 30. Subparagraph (iii) of paragraph d of subdivision 6 of section
510 of the vehicle and traffic law, as added by chapter 173 of the laws
of 1990, is amended to read as follows:
(iii) after such documentation, if required, is accepted, that such
person is granted a certificate of relief from disabilities [as provided
for in section seven hundred one] OR A CERTIFICATE OF GOOD CONDUCT
PURSUANT TO ARTICLE TWENTY-THREE of the correction law by the court in
which such person was last penalized.
S 31. Subparagraph (iii) of paragraph (c) of subdivision 2 of section
510-a of the vehicle and traffic law, as amended by section 13 of part E
of chapter 60 of the laws of 2005, is amended to read as follows:
(iii) after such documentation, if required, is accepted, that such
person is granted a certificate of relief from disabilities [as provided
for in section seven hundred one] OR A CERTIFICATE OF GOOD CONDUCT
PURSUANT TO ARTICLE TWENTY-THREE of the correction law by the court in
which such person was last penalized.
S 32. Subdivision 5 of section 530 of the vehicle and traffic law, as
amended by section 15 of part E of chapter 60 of the laws of 2005, is
amended to read as follows:
(5) A restricted use license or privilege shall be valid for the oper-
ation of any motor vehicle, except a vehicle for hire as a taxicab,
livery, coach, limousine, van or wheelchair accessible van or tow truck
as defined in this chapter subject to the conditions set forth herein,
which the holder would otherwise be entitled to operate had his drivers
license or privilege not been suspended or revoked. Notwithstanding
anything to the contrary in a certificate of relief from disabilities OR
A CERTIFICATE OF GOOD CONDUCT issued pursuant to article twenty-three of
the correction law, a restricted use license shall not be valid for the
operation of a commercial motor vehicle. A restricted use license shall
not be valid for the operation of a vehicle for hire as a taxicab,
livery, coach, limousine, van or wheelchair accessible van or tow truck
where the holder thereof had his or her drivers license suspended or
revoked and (i) such suspension or revocation is mandatory pursuant to
the provisions of subdivision two or two-a of section five hundred ten
of this title; or (ii) any such suspension is permissive for habitual or
persistent violations of this chapter or any local law relating to traf-
fic as set forth in paragraph d or i of subdivision three of section
A. 3664--A 17
five hundred ten of this title; or (iii) any such suspension is permis-
sive and has been imposed by a magistrate, justice or judge of any city,
town or village, any supreme court justice, any county judge, or judge
of a district court. Except for a commercial motor vehicle as defined in
subdivision four of section five hundred one-a of this title, the
restrictions on types of vehicles which may be operated with a
restricted license contained in this subdivision shall not be applicable
to a restricted license issued to a person whose license has been
suspended pursuant to paragraph three of subdivision four-e of section
five hundred ten of this [chapter] TITLE.
S 33. Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law, as added
by chapter 732 of the laws of 2006, is amended to read as follows:
(ii) that such person is granted a certificate of relief from disabil-
ities [as provided for in section seven hundred one of the correction
law by the court in which such person was last sentenced] OR A CERTIF-
ICATE OF GOOD CONDUCT PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION
LAW.
Provided, however, that the commissioner may, on a case by case basis,
refuse to restore a license which otherwise would be restored pursuant
to this item, in the interest of the public safety and welfare.
S 34. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law, as added
by chapter 732 of the laws of 2006, is amended to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of relief from disabilities [as provided for in section
seven hundred one of the correction law by the court in which such
person was last sentenced] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO
ARTICLE TWENTY-THREE OF THE CORRECTION LAW.
S 35. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by chapter 173 of the laws of
1990, is amended to read as follows:
(1) Notwithstanding anything to the contrary contained in a certif-
icate of relief from disabilities OR A CERTIFICATE OF GOOD CONDUCT
issued pursuant to article twenty-three of the correction law, where a
suspension or revocation, other than a revocation required to be issued
by the commissioner, is mandatory pursuant to paragraph (a) or (b) of
this subdivision, the magistrate, justice or judge shall issue an order
suspending or revoking such license upon sentencing, and the license
holder shall surrender such license to the court. Except as hereinafter
provided, such suspension or revocation shall take effect immediately.
S 36. Item (iii) of clause a of subparagraph 3 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by chapter 173 of the laws of 1990, is amended to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of relief from disabilities [as provided for in section
seven hundred one of the correction law by the court in which such
person was last penalized pursuant to paragraph (d) of subdivision one
of this section] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO ARTICLE
TWENTY-THREE OF THE CORRECTION LAW.
S 37. Item (iii) of clause b of subparagraph 3 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by section 17 of part E of chapter 60 of the laws of 2005, is amended to
read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of relief from disabilities [as provided for in section
A. 3664--A 18
seven hundred one of the correction law by the court in which such
person was last penalized pursuant to paragraph (d) of subdivision one
of this section] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO ARTICLE
TWENTY-THREE OF THE CORRECTION LAW.
S 38. Item (iii) of clause c of subparagraph 1 of paragraph (d) of
subdivision 2 of section 1194 of the vehicle and traffic law, as amended
by chapter 732 of the laws of 2006, is amended to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of relief from disabilities [as provided for in section
seven hundred one] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO ARTICLE
TWENTY-THREE of the correction law by the court in which such person was
last penalized.
S 39. Paragraph (g) of subdivision 7 of section 1196 of the vehicle
and traffic law, as amended by section 19 of part E of chapter 60 of the
laws of 2005, is amended to read as follows:
(g) Notwithstanding anything to the contrary contained in a certif-
icate of relief from disabilities OR A CERTIFICATE OF GOOD CONDUCT
issued pursuant to article twenty-three of the correction law, any
conditional license or privilege issued to a person convicted of a
violation of any subdivision of section eleven hundred ninety-two of
this article shall not be valid for the operation of any commercial
motor vehicle. In addition, no such conditional license or privilege
shall be valid for the operation of a taxicab as defined in this chap-
ter.
S 40. This act shall take effect immediately, provided, however, that
the amendments to subdivision 5 of section 530 of the vehicle and traf-
fic law made by section thirty-two of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.