S T A T E O F N E W Y O R K
________________________________________________________________________
5258
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to obtaining the finger-
prints of applicants who apply for licenses or authorizations from the
taxi and limousine commission for the purpose of determining the crim-
inal history of such applicants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 4 of paragraph (b) of subdivision 1 of section
837-m of the executive law, as added by chapter 584 of the laws of 1997,
is amended to read as follows:
(4) a license, LICENSE RENEWAL, AUTHORIZATION, AUTHORIZATION RENEWAL,
certificate of approval, class A photo identification card or employ-
ment, pursuant to the following provisions of the administrative code of
the city of New York which require the submission of fingerprints:
A. Title 16-A: New York City Trade Waste Commission Section 16-508(b);
B. Title 22: Fulton Fish Market Distribution Area and Other Seafood
Distribution Areas, Section 22-216(a)[(1)](I) ; [and]
C. Title [20] 20-A: Regulation of Shipboard Gambling, Section
20-954(b)[(1), as added to the administrative code of the city of New
York by a nineteen ninety-seven local law of the city of New York.](I);
AND
D. SUCH PROVISIONS IN CHAPTER 5 OF TITLE 19 AS REQUIRE THE SUBMISSION
OF FINGERPRINTS BY APPLICANTS FOR LICENSES, LICENSE RENEWALS, AUTHORI-
ZATIONS OR AUTHORIZATION RENEWALS.
S 2. Subdivision 2 of section 837-m of the executive law, as added by
chapter 584 of the laws of 1997, is amended to read as follows:
2. As a condition of eligibility for such licenses, LICENSE RENEWALS,
AUTHORIZATIONS, AUTHORIZATION RENEWALS, certificate of approval, class A
photo identification card, contract to provide services, or employment,
the department, appointing or issuing agency shall obtain the appli-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05711-01-9
A. 5258 2
cant's fingerprints and submit such fingerprints to the division for
purposes of determining the criminal history of the applicant. The
department may submit two sets of fingerprints to the division.
S 3. Paragraph (b) of subdivision 5 of section 837-m of the executive
law, as added by chapter 584 of the laws of 1997, is amended to read as
follows:
(b) Each such applicant shall, in advance, make payment to the divi-
sion of any reasonable fee required by law which is reasonably related
to the cost of conducting the searches authorized by this section. All
fingerprints supplied by the applicant shall be returned to the appli-
cant upon termination or denial of the license, LICENSE RENEWAL, AUTHOR-
IZATION, AUTHORIZATION RENEWAL, certificate of approval, class A photo
identification card, contract to provide services, or employment in
connection with which such fingerprints were obtained.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law.