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Assembly Bill A5702

2009-2010 Legislative Session

Relates to regulating document destruction contractors

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Archive: Last Bill Status - In Assembly Committee

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2009-A5702 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
General Business Law
Laws Affected:
Amd ยง899-bbb, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A998

2009-A5702 (ACTIVE) - Summary

Establishes the secretary of state shall apply the provisions of article 23-A of the correction law in determining whether to refuse to issue or renew a registration to a person who has been convicted of a crime to work as a document destruction contractor.

2009-A5702 (ACTIVE) - Bill Text download pdf 

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

                                  5702

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the general business  law,  in  relation  to  regulating
  document destruction contractors

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

  Section 1. Subdivision 4 of section 899-bbb of  the  general  business
law,  as added by chapter 679 of the laws of 2007, is amended to read as
follows:
  4. The secretary of state may refuse to issue a  registration  to  any
person,  firm  or corporation whom he or she finds has been convicted of
any crime, or failed to pay any final civil judgment, relating  to  work
as  a  document  destruction  contractor,  PROVIDED  THAT IN DETERMINING
WHETHER TO REFUSE TO ISSUE OR RENEW A REGISTRATION TO A PERSON  WHO  HAS
BEEN  CONVICTED  OF  A  CRIME,  THE  SECRETARY  OF STATE SHALL APPLY THE
PROVISIONS OF ARTICLE TWENTY-THREE-A OF  THE  CORRECTION  LAW,  if  such
refusal  will,  in  the judgment of the secretary of state, best promote
the interests of the people of this state.
  S 2. Subparagraph (iii) of paragraph (c) of subdivision 12 of  section
899-bbb of the general business law, as added by chapter 679 of the laws
of 2007, is amended to read as follows:
  (iii)  that  the  applicant  or registrant has made [a] AN INTENTIONAL
material misstatement in the application for or renewal of  his  or  her
registration;
  S 3. Subdivision 16 of section 899-bbb of the general business law, as
added by chapter 679 of the laws of 2007, is amended to read as follows:
  16.  The  department,  acting  by  the  office or person designated to
conduct the hearing pursuant to subdivision fourteen of this section  or
by  such  other  officer or person in the department as the secretary of
state may designate, shall have the power to suspend the registration of
any registrant who has been convicted in this state or any  other  state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08613-01-9

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