Senate Bill S4366B

2009-2010 Legislative Session

Makes technical changes to ensure that certificates of relief from disabilities and good conduct issued by correction department are correctly identified

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Archive: Last Bill Status Via A3664 - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2010	reported referred to ways and means
Jan 26, 2010	print number 3664b
Jan 26, 2010	amend and recommit to correction
Jan 19, 2010	committed to correction
Jan 06, 2010	ordered to third reading cal.276 returned to assembly died in senate
Jul 16, 2009	recommitted to rules 3rd reading cal.391 substituted for s4366a
Jun 16, 2009	committed to rules returned to senate
Jun 15, 2009	repassed assembly
Jun 04, 2009	amended on third reading 3664a
Jun 04, 2009	vote reconsidered - restored to third reading
Jun 03, 2009	returned to assembly recommitted to codes substitution reconsidered
Jun 02, 2009	recalled from senate
May 26, 2009	3rd reading cal.391 substituted for s4366
May 17, 2010	advanced to third reading
May 12, 2010	2nd report cal.
May 11, 2010	1st report cal.533
May 03, 2010	notice of committee consideration - requested
Feb 04, 2010	print number 4366b
Feb 04, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Jul 16, 2009	substituted by a3664a
Jun 03, 2009	amended on third reading 4366a
Jun 03, 2009	restored to third reading substitution reconsidered
May 26, 2009	substituted by a3664 advanced to third reading
May 20, 2009	2nd report cal.
May 19, 2009	1st report cal.391
Apr 22, 2009	referred to codes

Votes

- May 11, 2010 - Codes Committee Vote
  S4366B
  
  Aye
  
  9
  
  Nay
  
  7
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: May 11, 2010
      
      aye (9)
      
      Breslin
      
      Duane
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (7)
      
      Bonacic
      
      DeFrancisco
      
      Flanagan
      
      Golden
      
      Lanza
      
      Saland
      
      Volker

Bill Amendments

Original

B (Active)

co-Sponsors

2009-S4366 - Details

See Assembly Version of this Bill:: A3664
Law Section:: Penal Law
Laws Affected:: Amd §265.20, Pen L; amd §§130 & 175, Exec L; amd §102, ABC L; amd §§96-z-3 & 129, Ag & Mkts L; amd §369, Bank L; amd §79-a, Civ Rts L; amd §§2018-a & 2018-b, Ed L; amd §§84-a, 175-b & 213-b, Town L; amd §§74 & 81, Gen Bus L; amd §§191, 476 & 481, Gen Muni L; amd §§2108 & 4413, Ins L; amd §§2806, 2897 & 3454, Pub Health L; amd §440-a, RP L; amd §283, Tax L; amd §§509-c, 509-cc, 510, 510-a, 530, 1193, 1194 & 1196, V & T L

2009-S4366 - Summary

Makes technical changes to ensure that certificates of relief from disabilities and certificates of good conduct issued by the correction department are correctly identified and considered.

2009-S4366 - Sponsor Memo

                                 BILL NUMBER:  S4366

 TITLE OF BILL :

An act to amend the penal law, the executive law, the alcoholic
beverage control law, the agriculture and markets law, the banking
law, the civil rights law, the education law, the town law, the
general business law, the general municipal law, the insurance law,
the public health law, the real property law, the tax law, and the
vehicle and traffic law, in relation to certificates of relief from
disabilities and certificates of good conduct

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to ensure that certificates of relief from
disabilities and certificates of good conduct issued pursuant to the
correction law are correctly identified.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends various provisions of law to make conforming
technical changes to ensure that certificates of relief from
disabilities and certificates of good conduct issued pursuant to the
correction law are correctly identified and considered.

 JUSTIFICATION :

Certificates of Rehabilitation provide an opportunity for ex-offenders
to prove their rehabilitation for employment and licensing purposes.
There are two types of Certificates of Rehabilitation, the: (1)
Certificate of Relief from Disabilities, and (2) Certificate of Good
Conduct. The Sentencing Court of the New York state Parole Board
generally issue Certificates, at their discretion, to eligible
applicants based on their favorable character or fitness to work.

Certificates of Relief from Disabilities and Certificates of Good
Conduct provide a valuable way for people with criminal records to
demonstrate rehabilitation. They restore rights and lift statutory
bars to Jobs or licenses that result from a conviction history. These
certificates, which carry the same weight with regard to the
restoration of rights, are essential resources to support the
employment of individuals with criminal histories, thereby promoting
public safety and saving tax dollars. A person can only apply for one
type of certificate. The eligibility for each depends on the person's
criminal record. Both certificates, however, carry the same weight
with regard to restoring the rights of individuals with criminal
records.

Some statutes imposing statutory bars mistakenly reference only one of
these certificates as lifting the bar or restoring rights. As a result
individuals who are eligible only for the other certificate are
forever arbitrarily barred from lifting the statutory bar. This bill
makes conforming technical changes to various provisions of law that
create statutory bars and correctly identifies both certificates of
relief and certificates of good conduct as lifting such bars.

 PRIOR LEGISLATIVE HISTORY :

A8464A passed assembly in 2007 and 2008.

 FISCAL IMPLICATIONS :

No fiscal impact.

 EFFECTIVE DATE :
This act shall take effect immediately, provided, however, that the
amendments to subdivision 5 of section 530 of the vehicle and traffic
law made by section thirty-two of this act shall not affect the
expirations of such subdivision and shall be deemed to expire
therewith.

2009-S4366 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4366

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, the executive law, the alcoholic beverage
  control law, the agriculture and markets law,  the  banking  law,  the
  civil  rights  law, the education law, the town law, the general busi-
  ness law, the general municipal law, the  insurance  law,  the  public
  health  law,  the  real property law, the tax law, and the vehicle and
  traffic law, in relation to certificates of relief  from  disabilities
  and certificates of good conduct

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 5 of subdivision a of section 265.20 of the penal
law, as amended by chapter 235 of the laws of 2007, is amended  to  read
as follows:
  5.  Possession  of  a rifle or shotgun by a person other than a person
who has been convicted of  a  class  A-I  felony  or  a  violent  felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who  has  been  convicted  as  specified  in subdivision four of section
265.01 to whom A CERTIFICATE OF RELIEF FROM DISABILITIES  OR  a  certif-
icate of good conduct has been issued pursuant to [section seven hundred
three-b] ARTICLE TWENTY-THREE of the correction law.
  S  2.  Section  130 of the executive law, as amended by chapter 680 of
the laws of 1967 and the opening paragraph as amended by chapter 673  of
the laws of 2002, is amended to read as follows:
  S 130. Appointment  of  notaries public. 1. The secretary of state may
appoint and commission as many notaries public for the state of New York
as in his or her judgment may be deemed best, whose  jurisdiction  shall
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04436-01-9

S. 4366                             2

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
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

S. 4366                             3

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,
  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:

S. 4366                             4

  (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
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

S. 4366                             5

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 CERTIFICATE OF RELIEF FROM  DISABILITIES  OR  A  certificate  of  good
conduct  [granted by the board of parole] pursuant to [the provisions of

S. 4366                             6

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:
  b. On the reverse side of such envelope shall be printed the following
statement:

S. 4366                             7

                        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
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

S. 4366                             8

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:
  (h)  violating  section seven hundred forty-two, section seven hundred
forty-three, or section seven hundred  forty-five  of  the  said  former

S. 4366                             9

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
crime, or, if convicted, have received a pardon, a certificate  of  good
conduct or a certificate of relief from disabilities PURSUANT TO ARTICLE

S. 4366                            10

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
to remove the disability under this section because of  such  conviction
or previous license revocation occasioned thereby.

S. 4366                            11

  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
such  person,  and  on  the  submission  to it of satisfactory evidence,

S. 4366                            12

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
for the purpose of removing the disability under this section because of

S. 4366                            13

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  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,
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

S. 4366                            14

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
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

S. 4366                            15

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
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:

S. 4366                            16

  (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
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. 4366                            17

  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
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

S. 4366                            18

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.

co-Sponsors

2009-S4366A - Details

See Assembly Version of this Bill:: A3664
Law Section:: Penal Law
Laws Affected:: Amd §265.20, Pen L; amd §§130 & 175, Exec L; amd §102, ABC L; amd §§96-z-3 & 129, Ag & Mkts L; amd §369, Bank L; amd §79-a, Civ Rts L; amd §§2018-a & 2018-b, Ed L; amd §§84-a, 175-b & 213-b, Town L; amd §§74 & 81, Gen Bus L; amd §§191, 476 & 481, Gen Muni L; amd §§2108 & 4413, Ins L; amd §§2806, 2897 & 3454, Pub Health L; amd §440-a, RP L; amd §283, Tax L; amd §§509-c, 509-cc, 510, 510-a, 530, 1193, 1194 & 1196, V & T L

2009-S4366A - Summary

Makes technical changes to ensure that certificates of relief from disabilities and certificates of good conduct issued by the correction department are correctly identified and considered.

2009-S4366A - Sponsor Memo

                                 BILL NUMBER:  S4366A

 TITLE OF BILL :

An act to amend the penal law, the executive law, the alcoholic
beverage control law, the agriculture and markets law, the banking
law, the civil rights law, the education law, the town law, the
general business law, the general municipal law, the insurance law,
the public health law, the real property law, the tax law, and the
vehicle and traffic law, in relation to certificates of relief from
disabilities and certificates of good conduct

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to ensure that certificates of relief from
disabilities and certificates of good conduct issued pursuant to the
correction law are correctly identified.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends various provisions of law to make conforming
technical changes to ensure that certificates of relief from
disabilities and certificates of good conduct issued pursuant to the
correction law are correctly identified and considered.

 JUSTIFICATION :

Certificates of Rehabilitation provide an opportunity for ex-offenders
to prove their rehabilitation for employment and licensing purposes.
There are two types of Certificates of Rehabilitation, the: (1)
Certificate of Relief from Disabilities, and (2) Certificate of Good
Conduct. The Sentencing Court of the New York state Parole Board
generally issue Certificates, at their discretion, to eligible
applicants based on their favorable character or fitness to work.

Certificates of Relief from Disabilities and Certificates of Good
Conduct provide a valuable way for people with criminal records to
demonstrate rehabilitation. They restore rights and lift statutory
bars to Jobs or licenses that result from a conviction history. These
certificates, which carry the same weight with regard to the
restoration of rights, are essential resources to support the
employment of individuals with criminal histories, thereby promoting
public safety and saving tax dollars. A person can only apply for one
type of certificate. The eligibility for each depends on the person's
criminal record. Both certificates, however, carry the same weight
with regard to restoring the rights of individuals with criminal
records.

Some statutes imposing statutory bars mistakenly reference only one of
these certificates as lifting the bar or restoring rights. As a result
individuals who are eligible only for the other certificate are
forever arbitrarily barred from lifting the statutory bar. This bill
makes conforming technical changes to various provisions of law that
create statutory bars and correctly identifies both certificates of
relief and certificates of good conduct as lifting such bars.

 PRIOR LEGISLATIVE HISTORY :

A8464A passed assembly in 2007 and 2008.

 FISCAL IMPLICATIONS :

No fiscal impact.

 EFFECTIVE DATE :
This act shall take effect immediately, provided, however, that the
amendments to subdivision 5 of section 530 of the vehicle and traffic
law made by section thirty-two of this act shall not affect the
expirations of such subdivision and shall be deemed to expire
therewith.

2009-S4366A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4366--A
    Cal. No. 391

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by Sens. HASSELL-THOMPSON, DIAZ, KRUEGER, MONSERRATE, THOMP-
  SON -- read twice and ordered printed, and when printed to be  commit-
  ted  to the Committee on Codes -- reported favorably from said commit-
  tee, ordered to first and second report, ordered to a  third  reading,
  substituted  by  Assembly  Bill  No.  3664, substitution reconsidered,
  restored to third reading, amended and  ordered  reprinted,  retaining
  its place in the order of third reading

AN ACT to amend the penal law, the executive law, the alcoholic beverage
  control  law,  the  agriculture  and markets law, the banking law, the
  civil rights law, the education law, the town law, the  general  busi-
  ness  law,  the  general  municipal law, the insurance law, the public
  health law, the real property law, the tax law, and  the  vehicle  and
  traffic  law,  in relation to certificates of relief from disabilities
  and certificates of good conduct

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 5 of subdivision a of section 265.20 of the penal
law,  as  amended by chapter 235 of the laws of 2007, is amended to read
as follows:
  5. Possession of a rifle or shotgun by a person other  than  a  person
who  has  been  convicted  of  a  class  A-I  felony or a violent felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who has been convicted as  specified  in  subdivision  four  of  section
265.01  to  whom  A CERTIFICATE OF RELIEF FROM DISABILITIES OR a certif-
icate of good conduct has been issued pursuant to [section seven hundred
three-b] ARTICLE TWENTY-THREE of the correction law.
  S 2. Section 130 of the executive law, as amended by  chapter  680  of
the  laws of 1967 and the opening paragraph as amended by chapter 673 of
the laws of 2002, is amended to read as follows:
  S 130. Appointment of notaries public. 1. The secretary of  state  may
appoint and commission as many notaries public for the state of New York

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD04436-03-9

S. 4366--A                          2

as  in  his or her judgment may be deemed best, whose jurisdiction shall
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

S. 4366--A                          3

fifty-one,  five hundred fifty-one-a and subdivisions six, eight, ten or
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]

S. 4366--A                          4

pursuant  to  [the executive law] ARTICLE TWENTY-THREE OF THE CORRECTION
LAW,
  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

S. 4366--A                          5

pronouncement  of sentence or the suspension thereof; provided, however,
such conviction of a crime  shall  not  require  the  superintendent  to
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

S. 4366--A                          6

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 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. 4366--A                          7

  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:
  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

S. 4366--A                          8

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  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.

S. 4366--A                          9

     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:
  (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

S. 4366--A                         10

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
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

S. 4366--A                         11

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
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

S. 4366--A                         12

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
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

S. 4366--A                         13

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 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:

S. 4366--A                         14

  (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,
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

S. 4366--A                         15

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.  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

S. 4366--A                         16

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.  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

S. 4366--A                         17

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
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

S. 4366--A                         18

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
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.

co-Sponsors

2009-S4366B (ACTIVE) - Details

See Assembly Version of this Bill:: A3664
Law Section:: Penal Law
Laws Affected:: Amd §265.20, Pen L; amd §§130 & 175, Exec L; amd §102, ABC L; amd §§96-z-3 & 129, Ag & Mkts L; amd §369, Bank L; amd §79-a, Civ Rts L; amd §§2018-a & 2018-b, Ed L; amd §§84-a, 175-b & 213-b, Town L; amd §§74 & 81, Gen Bus L; amd §§191, 476 & 481, Gen Muni L; amd §§2108 & 4413, Ins L; amd §§2806, 2897 & 3454, Pub Health L; amd §440-a, RP L; amd §283, Tax L; amd §§509-c, 509-cc, 510, 510-a, 530, 1193, 1194 & 1196, V & T L

2009-S4366B (ACTIVE) - Summary

Makes technical changes to ensure that certificates of relief from disabilities and certificates of good conduct issued by the correction department are correctly identified and considered.

2009-S4366B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4366B

 TITLE OF BILL :

An act to amend the penal law, the executive law, the alcoholic
beverage control law, the agriculture and markets law, the banking
law, the civil rights law, the education law, the town law, the
general business law, the general municipal law, the insurance law,
the public health law, the real property law, the tax law, and the
vehicle and traffic law, in relation to certificates of relief from
disabilities and certificates of good conduct


 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to ensure that certificates of relief from
disabilities and certificates of good conduct issued pursuant to the
correction law are correctly identified.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends various provisions of law to make conforming
technical changes to ensure that certificates of relief from
disabilities and certificates of good conduct issued pursuant to the
correction law are correctly identified and considered.

 JUSTIFICATION :

Certificates of Rehabilitation provide an opportunity for ex-offenders
to prove their rehabilitation for employment and licensing purposes.
There are two types of Certificates of Rehabilitation, the: (1)
Certificate of Relief from Disabilities, and (2) Certificate of Good
Conduct. The Sentencing Court of the New York state Parole Board
generally issue Certificates, at their discretion, to eligible
applicants based on their favorable character or fitness to work.

Certificates of Relief from Disabilities and Certificates of Good
conduct provide a valuable way for people with criminal records to
demonstrate rehabilitation. They restore rights and lift statutory
bars to Jobs or licenses that result from a conviction history.  These
certificates, which carry the same weight with regard to the
restoration of rights, are essential resources to support the
employment of individuals with criminal histories, thereby promoting
public safety and saving tax dollars. A person can only apply for one
type of certificate. The eligibility for each depends on the person's
criminal record. Both certificates, however, carry the same weight
with regard to restoring the rights of individuals with criminal
records.

Some statutes imposing statutory bars mistakenly reference only one of
these certificates as lifting the bar or restoring rights. As a result
individuals who are eligible only for the other certificate are
forever arbitrarily barred from lifting the statutory bar. This bill
makes conforming technical changes to various provisions of law that
create statutory bars and correctly identifies both certificates of
relief and certificates of good conduct as lifting such bars.

 PRIOR LEGISLATIVE HISTORY :

A.8464A - Passed Assembly in 2007 and 2008.

 FISCAL IMPLICATIONS :

No fiscal impact.

 EFFECTIVE DATE :
This act shall take effect immediately, provided, however, that the
amendments to subdivision 5 of section 530 of the vehicle and traffic
law made by section thirty-two of this act shall not affect the
expirations of such subdivision and shall be deemed to expire
therewith.

2009-S4366B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4366--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by Sens. HASSELL-THOMPSON, DIAZ, KRUEGER, MONSERRATE, THOMP-
  SON -- read twice and ordered printed, and when printed to be  commit-
  ted  to the Committee on Codes -- reported favorably from said commit-
  tee, ordered to first and second report, ordered to a  third  reading,
  substituted  by  Assembly  Bill  No.  3664, substitution reconsidered,
  restored to third reading, amended and  ordered  reprinted,  retaining
  its  place in the order of third reading -- recommitted to the Commit-
  tee on Codes in accordance with Senate Rule 6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, the executive law, the alcoholic beverage
  control  law,  the  agriculture  and markets law, the banking law, the
  civil rights law, the education law, the town law, the  general  busi-
  ness  law,  the  general  municipal law, the insurance law, the public
  health law, the real property law, the tax law, and  the  vehicle  and
  traffic  law,  in relation to certificates of relief from disabilities
  and certificates of good conduct

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 5 of subdivision a of section 265.20 of the penal
law,  as  amended by chapter 235 of the laws of 2007, is amended to read
as follows:
  5. Possession of a rifle or shotgun by a person other  than  a  person
who  has  been  convicted  of  a  class  A-I  felony or a violent felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who has been convicted as  specified  in  subdivision  four  of  section
265.01  to  whom  A CERTIFICATE OF RELIEF FROM DISABILITIES OR a certif-
icate of good conduct has been issued pursuant to [section seven hundred
three-b] ARTICLE TWENTY-THREE of the correction law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04436-05-0

S. 4366--B                          2

  S 2. Section 130 of the executive law, as amended by  chapter  680  of
the  laws of 1967 and the opening paragraph as amended by chapter 673 of
the laws of 2002, is amended to read as follows:
  S 130. Appointment  of  notaries public. 1. The secretary of state may
appoint and commission as many notaries public for the state of New York
as in his or her judgment may be deemed best, whose  jurisdiction  shall
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

S. 4366--B                          3

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
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-

S. 4366--B                          4

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,
  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. 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:

S. 4366--B                          5

  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 9. 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 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 10. 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:

S. 4366--B                          6

                       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 11. 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:
  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

S. 4366--B                          7

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  12.  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
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. 4366--B                          8

  S 13. 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 14. 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:
  (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

S. 4366--B                          9

section because of such conviction or previous license revocation  occa-
sioned thereby.
  S  15.  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  16.  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
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. 4366--B                         10

  S 17. 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 18. 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 19. 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
to  remove  the disability under this section because of such conviction
or previous license revocation occasioned thereby.
  S 20. 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

S. 4366--B                         11

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  21.  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  22.  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
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  23.  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

S. 4366--B                         12

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  24.   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 25. 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
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. 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,

S. 4366--B                         13

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,
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

S. 4366--B                         14

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
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

S. 4366--B                         15

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 added 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
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

S. 4366--B                         16

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
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. 4366--B                         17

  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
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

S. 4366--B                         18

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.

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May 11, 2010 - Codes Committee Vote

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