Senate Bill S8000

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

                                  8000

                            I N  S E N A T E

                              May 28, 2010
                               ___________

Introduced  by  Sens. HASSELL-THOMPSON, ADAMS, DUANE, MONTGOMERY, VOLKER
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  providing
  inmates  and  parolees  access  to  pre-sentence reports that had been
  prepared for sentencing (Part A); to amend the public health  law,  in
  relation  to establishing no fee shall be charged for certain requests
  for birth certificates (Part B);  to  amend  the  correction  law,  in
  relation to services for inmates of state correctional facilities upon
  their  release  therefrom  (Part  C); to amend the correction law, the
  criminal procedure law and the executive law, in relation to providing
  defendants not sentenced to a period of imprisonment and inmates being
  released a copy of their  criminal  record  (Part  D);  to  amend  the
  correction  law,  in relation to certificates of relief from disabili-
  ties issued by the board of parole (Part E); 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  certif-
  icates  of  relief  from disabilities and certificates of good conduct
  (Part F); to amend the alcoholic beverage control law, in relation  to
  allowing qualified individuals with criminal records to be employed in
  certain  establishments  that  hold liquor licenses (Part G); to amend
  the correction law, in relation to the definition of "direct relation-
  ship" for the purposes of article 23-A of the correction law regarding
  the licensure and employment of persons previously convicted of one or
  more criminal offenses (Part H);  to  amend  the  correction  law,  in
  relation  to  the  manner  through  which  enforcement proceedings are
  brought (Part I); to amend the election law,  the  criminal  procedure
  law,  the  correction law and the executive law, in relation to voting
  rights notification and  registration  (Part  J);  and  to  amend  the
  correction  law,  in relation to the posting of a person's information
  on the department of corrections' website (Part K)

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD17397-03-0

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  Section  1.  This  act enacts into law major components of legislation
which relate to the effective reentry of released prisoners into  socie-
ty. Each component is wholly contained within a Part identified as Parts
A  through K. The effective date for each particular provision contained
within  such  Part  is  set  forth in the last section of such Part. Any
provision in any section contained within a Part, including  the  effec-
tive date of the Part, which makes reference to a section "of this act",
when  used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in  which  it
is  found.  Section  three  of this act sets forth the general effective
date of this act.
  S 1-a. This act shall be known and  may  be  cited  as  the  "prisoner
reentry act of 2010".

                                 PART A

  Section  1.  Paragraph  (a)  of subdivision 2 of section 390.50 of the
criminal procedure law, as amended by chapter 14 of the laws of 1985, is
amended to read as follows:
  (a) Not less than one court day prior to sentencing, unless such  time
requirement  is  waived by the parties, the pre-sentence report or memo-
randum shall be made available by the  court  for  examination  and  for
copying by the defendant's attorney, the defendant himself, if he has no
attorney,  and  the  prosecutor. In its discretion, the court may except
from disclosure a part or parts of the report or memoranda which are not
relevant to a proper sentence, or a diagnostic opinion which might seri-
ously disrupt a program of rehabilitation,  or  sources  of  information
which  have  been obtained on a promise of confidentiality, or any other
portion thereof, disclosure of which would not be  in  the  interest  of
justice.  In  all cases where a part or parts of the report or memoranda
are not disclosed, the court shall state for the record that a  part  or
parts  of the report or memoranda have been excepted and the reasons for
its action. The action of the court excepting information  from  disclo-
sure shall be subject to appellate review. The pre-sentence report shall
be made available by the court for examination and copying in connection
with any appeal in the case, including an appeal under this subdivision.
UPON  WRITTEN  REQUEST,  THE  COURT SHALL MAKE A COPY OF THE PRESENTENCE
REPORT AVAILABLE TO THE DEFENDANT FOR USE BEFORE THE  PAROLE  BOARD  FOR
RELEASE  CONSIDERATION  OR AN APPEAL OF A PAROLE BOARD DETERMINATION. IN
HIS OR HER WRITTEN REQUEST TO THE COURT THE DEFENDANT SHALL AFFIRM  THAT
HE  OR  SHE ANTICIPATES AN APPEARANCE BEFORE THE PAROLE BOARD OR INTENDS
TO FILE AN ADMINISTRATIVE APPEAL OF A PAROLE  BOARD  DETERMINATION.  THE
COURT  SHALL  RESPOND  TO  THE DEFENDANT'S WRITTEN REQUEST WITHIN TWENTY
DAYS FROM RECEIPT OF THE DEFENDANT'S WRITTEN REQUEST.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

                                 PART B

  Section 1.  Subdivision 4 of section 4174 of the public health law, as
separately  amended  by  chapters  409  and  698 of the laws of 1978, is
amended to read as follows:
  4. No fee shall be charged for a search,  certification,  certificate,
certified copy or certified transcript of a record to be used for school
entrance,  employment  certificate  or  for purposes of public relief or
when required by the veterans administration to be used  in  determining

S. 8000                             3

the eligibility of any person to participate in the benefits made avail-
able  by  the  veterans  administration  or  when required by a board of
elections for the purposes of  determining  voter  eligibility  OR  WHEN
REQUESTED  BY THE DEPARTMENT OF CORRECTIONAL SERVICES OR A LOCAL CORREC-
TIONAL FACILITY AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF  THE
CORRECTION  LAW  FOR THE PURPOSE OF PROVIDING A CERTIFIED COPY OR CERTI-
FIED TRANSCRIPT OF BIRTH TO AN INMATE IN ANTICIPATION OF  SUCH  INMATE'S
RELEASE  FROM  CUSTODY  OR  WHEN REQUESTED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR AN AUTHORIZED AGENCY FOR THE PURPOSE OF  PROVIDING  A
CERTIFIED COPY OR CERTIFIED TRANSCRIPT OF BIRTH TO A YOUTH PLACED IN THE
CUSTODY  OF  THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR THE CUSTODY OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO ARTICLE THREE  OF
THE  FAMILY  COURT  ACT  IN  ANTICIPATION OF SUCH YOUTH'S DISCHARGE FROM
PLACEMENT.
  S 2. Section 4179 of the public health law, as added by chapter 414 of
the laws of 1990, is amended to read as follows:
  S 4179. Vital records; fees; city of  New  York.  Notwithstanding  the
provisions  of  paragraph  one of subdivision a of section 207.13 of the
health code of the city of New York,  the  department  of  health  shall
charge,  and  the  applicant  shall pay, for a search of two consecutive
calendar years under one name and  the  issuance  of  a  certificate  of
birth, death or termination of pregnancy, or a certification of birth or
death,  or  a  certification  that  the record cannot be found, a fee of
fifteen dollars for each copy.   PROVIDED, HOWEVER,  THAT  NO  SUCH  FEE
SHALL BE CHARGED WHEN THE DEPARTMENT OF CORRECTIONAL SERVICES OR A LOCAL
CORRECTIONAL  FACILITY  AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO
OF THE CORRECTION LAW REQUESTS A CERTIFICATE OF BIRTH  OR  CERTIFICATION
OF  BIRTH  FOR  THE  PURPOSE  OF  PROVIDING SUCH CERTIFICATE OF BIRTH OR
CERTIFICATION OF BIRTH TO AN INMATE IN  ANTICIPATION  OF  SUCH  INMATE'S
RELEASE  FROM CUSTODY OR WHEN THE OFFICE OF CHILDREN AND FAMILY SERVICES
OR AN AUTHORIZED AGENCY REQUESTS A CERTIFIED  COPY  OR  CERTIFIED  TRAN-
SCRIPT  OF  BIRTH FOR A YOUTH PLACED IN THE CUSTODY OF THE LOCAL COMMIS-
SIONER OF SOCIAL SERVICES OR THE CUSTODY OR THE OFFICE OF  CHILDREN  AND
FAMILY  SERVICES  PURSUANT  TO ARTICLE THREE OF THE FAMILY COURT ACT FOR
THE PURPOSE OF PROVIDING SUCH CERTIFIED COPY OR CERTIFIED TRANSCRIPT  OF
BIRTH TO SUCH YOUTH IN ANTICIPATION OF DISCHARGE FROM PLACEMENT.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

                                 PART C

  Section 1. The correction law is amended by adding a new section 76 to
read as follows:
  S 76. NOTICE  OF  TRANSITIONAL  SERVICES  FOR  INMATES  RELEASED  FROM
CORRECTIONAL  FACILITIES.  1.  PRIOR  TO THE RELEASE OF AN INMATE FROM A
CORRECTIONAL FACILITY, THE DEPARTMENT SHALL  PROVIDE  SUCH  INMATE  WITH
INFORMATION  ON  TRANSITIONAL  SERVICES  AVAILABLE IN THE COUNTY OR CITY
WHERE SUCH INMATE IS SCHEDULED TO BE RELEASED.  SUCH  INFORMATION  SHALL
INCLUDE  REFERRALS  TO  PROGRAMS  DESIGNED TO PROMOTE THE SUCCESSFUL AND
PRODUCTIVE REENTRY AND REINTEGRATION OF AN INMATE INTO SOCIETY INCLUDING
MEDICAL AND MENTAL  HEALTH  SERVICES,  HIV/AIDS  SERVICES,  EDUCATIONAL,
VOCATIONAL AND EMPLOYMENT SERVICES, ALCOHOL OR SUBSTANCE ABUSE TREATMENT
AND  HOUSING  SERVICES.  THE DEPARTMENT SHALL MAINTAIN A CURRENT LIST OF
TRANSITIONAL SERVICES WHICH SHALL BE UPDATED NO LESS  THAN  ANNUALLY  IN
ORDER TO EFFECTUATE THE PURPOSES OF THIS SECTION.

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  2. THE COMMISSIONER SHALL CONSULT WITH, AND BE ENTITLED TO RECEIVE THE
ASSISTANCE  OF,  THE  COMMISSIONERS  OF EDUCATION, LABOR, HEALTH, MENTAL
HEALTH AND THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE  IN  THE
IMPLEMENTATION  OF THIS SECTION. THE DIVISION OF PAROLE SHALL ASSIST THE
DEPARTMENT  IN  ANY  MANNER  NECESSARY  TO  ENSURE THAT THE PURPOSES AND
OBJECTIVES OF THIS SECTION ARE EFFECTIVELY ACCOMPLISHED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary for the implementation of the foregoing section of this act on
its  effective  date is authorized and directed to be made and completed
on or before such effective date.

                                 PART D

  Section 1. The correction law is amended by adding a new section 77 to
read as follows:
  S 77. INMATE TO RECEIVE A COPY OF CRIMINAL RECORD UPON RELEASE.   UPON
THE  RELEASE,  CONDITIONAL  RELEASE,  OR  DISCHARGE  OF  A PERSON FROM A
CORRECTIONAL FACILITY, THE DEPARTMENT SHALL PROVIDE SUCH PERSON, WITHOUT
CHARGE, WITH A COPY OF HIS OR HER CRIMINAL RECORD AS MAINTAINED  BY  THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES PURSUANT TO SUBDIVISION SIX OF
SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE  LAW  TOGETHER  WITH
INFORMATION  AND  INSTRUCTIONS,  PRODUCED  BY  THE  DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO SUBDIVISION SIX-A OF SECTION EIGHT  HUNDRED
THIRTY-SEVEN  OF  THE EXECUTIVE LAW, TO ASSIST SUCH PERSON TO UNDERSTAND
THE CONTENTS OF THE CRIMINAL RECORD AND EXPLAIN HOW SUCH PERSON MAY SEEK
CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH RECORD  PURSU-
ANT  TO  REGULATIONS  PROMULGATED  BY  THE  DIVISION OF CRIMINAL JUSTICE
SERVICES.  SUCH INFORMATION AND INSTRUCTIONS SHALL ALSO INCLUDE  CONTACT
INFORMATION FOR LEGAL RESOURCES THAT CAN ASSIST THE SUBJECT OF THE CRIM-
INAL RECORD TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN
THE RECORD.
  S 2. The correction law is amended by adding a new section 511 to read
as follows:
  S 511. INMATE TO RECEIVE A COPY OF CRIMINAL RECORD UPON RELEASE.  UPON
THE  RELEASE  OF A PERSON FROM A LOCAL CORRECTIONAL FACILITY, WHERE SUCH
PERSON'S SENTENCE OF IMPRISONMENT IS THIRTY DAYS OR MORE NOT INCLUDING A
SENTENCE OF INTERMITTENT IMPRISONMENT IMPOSED PURSUANT TO ARTICLE EIGHT-
Y-FIVE OF THE PENAL LAW, THE SHERIFF SHALL PROVIDE SUCH  PERSON  WITHOUT
CHARGE  WITH  A  COPY OF HIS OR HER CRIMINAL RECORD AS MAINTAINED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT  TO  SUBDIVISION  SIX  OF
SECTION  EIGHT  HUNDRED  THIRTY-SEVEN OF THE EXECUTIVE LAW TOGETHER WITH
INFORMATION AND INSTRUCTIONS,  PRODUCED  BY  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES PURSUANT TO SUBDIVISION SIX-A OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE LAW, TO ASSIST SUCH PERSON  TO  UNDERSTAND
THE CONTENTS OF THE CRIMINAL RECORD AND EXPLAIN HOW SUCH PERSON MAY SEEK
CORRECTION  OF ANY INCORRECT INFORMATION CONTAINED IN SUCH RECORD PURSU-
ANT TO REGULATIONS PROMULGATED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.   SUCH INFORMATION AND INSTRUCTIONS SHALL ALSO INCLUDE CONTACT
INFORMATION FOR LEGAL RESOURCES THAT CAN ASSIST THE SUBJECT OF THE CRIM-
INAL RECORD TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN
THE RECORD.
  S 3. The criminal procedure law is amended by  adding  a  new  section
380.52 to read as follows:
S 380.52 DEFENDANT TO RECEIVE COPY OF CRIMINAL RECORD UPON SENTENCING.

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  AT  THE  TIME  OF  PRONOUNCING  SENTENCE  UPON A DEFENDANT, WHERE SUCH
DEFENDANT IS NOT SENTENCED TO A PERIOD OF IMPRISONMENT, IS SENTENCED  TO
INTERMITTENT  IMPRISONMENT  PURSUANT TO ARTICLE EIGHTY-FIVE OF THE PENAL
LAW, IS SENTENCED TO A PERIOD OF IMPRISONMENT OF THIRTY DAYS OR LESS, OR
IS SENTENCED TO A PERIOD OF IMPRISONMENT EQUAL TO THE TIME ALREADY SPENT
IN  CUSTODY, THE COURT SHALL PROVIDE THE DEFENDANT, WITHOUT CHARGE, WITH
A COPY OF HIS OR HER CRIMINAL RECORD AS MAINTAINED BY  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT
HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW TOGETHER WITH INFORMATION  AND
INSTRUCTIONS,  PRODUCED  BY  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES
PURSUANT TO SUBDIVISION SIX-A OF SECTION EIGHT HUNDRED  THIRTY-SEVEN  OF
THE  EXECUTIVE  LAW, TO ASSIST SUCH PERSON TO UNDERSTAND THE CONTENTS OF
THE CRIMINAL RECORD AND EXPLAIN HOW SUCH PERSON MAY SEEK  CORRECTION  OF
ANY  INCORRECT  INFORMATION  CONTAINED  IN SUCH RECORD PURSUANT TO REGU-
LATIONS PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.   SUCH
INFORMATION  AND INSTRUCTIONS SHALL ALSO INCLUDE CONTACT INFORMATION FOR
LEGAL RESOURCES THAT CAN ASSIST THE SUBJECT OF THE  CRIMINAL  RECORD  TO
SEEK  CORRECTION  OF  ANY INCORRECT INFORMATION CONTAINED IN THE RECORD.
THE FAILURE TO PROVIDE THE DEFENDANT WITH A COPY OF HIS OR HER  CRIMINAL
RECORD PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO AFFECT THE VOLUN-
TARINESS  OF  A  PLEA  OF  GUILTY  OR  THE  VALIDITY  OF A CONVICTION OR
SENTENCE.
  S 4. Section 837 of the executive law  is  amended  by  adding  a  new
subdivision 6-a to read as follows:
  6-A. PRODUCE WRITTEN INSTRUCTIONS CONTAINING CLEAR AND SIMPLE LANGUAGE
ABOUT  HOW  TO READ AND UNDERSTAND A CRIMINAL RECORD AND HOW THE SUBJECT
OF A CRIMINAL RECORD MAY  CHALLENGE  AND  APPEAL  INCORRECT  INFORMATION
CONTAINED  IN  SUCH  CRIMINAL  RECORD AS PROVIDED IN THE RULES AND REGU-
LATIONS OF THE DIVISION AND  PRODUCE  WRITTEN  INFORMATION  AND  CONTACT
INFORMATION  FOR LEGAL RESOURCES THAT CAN ASSIST THE SUBJECT OF A CRIMI-
NAL RECORD TO SEEK CORRECTION OF ANY INCORRECT INFORMATION. SUCH  INFOR-
MATION  AND  INSTRUCTIONS  SHALL  BE  FURNISHED TO COURTS OF THE UNIFIED
COURT SYSTEM,  SHERIFFS'  OFFICES,  THE  NEW  YORK  CITY  DEPARTMENT  OF
CORRECTIONS,  AND  THE  STATE  DEPARTMENT  OF  CORRECTIONAL SERVICES FOR
DISTRIBUTION TO PERSONS BEING PROVIDED A COPY OF THEIR  CRIMINAL  RECORD
PURSUANT  TO  SECTION  380.52  OF  THE CRIMINAL PROCEDURE LAW OR SECTION
SEVENTY-SEVEN OR FIVE HUNDRED ELEVEN OF THE CORRECTION LAW.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

                                 PART E

  Section 1. The opening paragraph of subdivision 3 and subdivision 5 of
section 703 of the correction law, as amended by chapter 342 of the laws
of  1972,  are  amended  and  a  new  subdivision  7 is added to read as
follows:
  [The] EXCEPT AS  OTHERWISE  PROVIDED  IN  SUBDIVISION  SEVEN  OF  THIS
SECTION,  THE  board of parole shall not issue any certificate of relief
from disabilities pursuant to [subdivisions] SUBDIVISION one or  two  OF
THIS SECTION, unless the board is satisfied that:
  5.  [In]  EXCEPT  AS  OTHERWISE  PROVIDED IN SUBDIVISION SEVEN OF THIS
SECTION, IN granting or revoking a certificate of relief from  disabili-
ties the action of the board of parole shall be by unanimous vote of the
members  authorized  to  grant  or  revoke  parole. Such action shall be
deemed a judicial function and shall not be reviewable if done according
to law.

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  7. WHERE A CERTIFICATE OF RELIEF FROM DISABILITIES IS SOUGHT  PURSUANT
TO  PARAGRAPH  (B)  OF  SUBDIVISION ONE OF THIS SECTION ON A JUDGMENT OF
CONVICTION RENDERED BY A FEDERAL COURT IN THIS STATE, AND THE  BOARD  OF
PAROLE  IS  IN RECEIPT OF A WRITTEN RECOMMENDATION IN FAVOR OF THE ISSU-
ANCE OF SUCH CERTIFICATE FROM THE CHIEF PROBATION OFFICER OF THE FEDERAL
DISTRICT  WHERE  SUCH CONVICTION WAS OBTAINED, THE BOARD SHALL, PROVIDED
SUCH RECOMMENDATION IS BASED UPON A FINDING  BY  THE  FEDERAL  PROBATION
OFFICE  IN SUCH DISTRICT THAT, FOLLOWING ITS INVESTIGATION OF THE APPLI-
CANT, THE REQUIREMENTS OF PARAGRAPHS (A), (B)  AND  (C)  OF  SUBDIVISION
THREE  OF  THIS SECTION HAVE BEEN SATISFIED, ISSUE THE REQUESTED CERTIF-
ICATE.
  S 2. This act shall take effect immediately.

                                 PART F

  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 OF THIS ARTICLE to whom A CERTIFICATE OF RELIEF FROM DISABILITIES
OR a certificate 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
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

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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
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

S. 8000                             8

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:
  (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

S. 8000                             9

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:
  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-

S. 8000                            10

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:

                       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

S. 8000                            11

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
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

S. 8000                            12

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 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.

S. 8000                            13

  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
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. 8000                            14

  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  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

S. 8000                            15

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
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. 8000                            16

  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
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

S. 8000                            17

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,
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

S. 8000                            18

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
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-

S. 8000                            19

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 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-

S. 8000                            20

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:
  (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

S. 8000                            21

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 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:

S. 8000                            22

  (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
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.

                                 PART G

  Section 1. 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 OR A
LICENSE OR SPECIAL LICENSE TO SELL AN ALCOHOLIC BEVERAGE AT  RETAIL  FOR
CONSUMPTION  ON  THE  PREMISES WHERE SUCH LICENSE AUTHORIZES THE SALE OF
LIQUOR, BEER AND/OR WINE ON THE PREMISES OF  A  CATERING  ESTABLISHMENT,
HOTEL,  RESTAURANT,  CLUB,  OR  RECREATIONAL  FACILITY,  shall knowingly
employ in connection with his business in any capacity  whatsoever,  any
person,  who  has  been  convicted  of a felony, or any of the following
offenses, who has not subsequent to such conviction received  an  execu-
tive pardon therefor removing any civil disabilities incurred thereby, a

S. 8000                            23

certificate  of  good conduct or other relief from disabilities provided
by law, or the written approval of the state liquor authority permitting
such employment, to wit:
  S 2. This act shall take effect immediately.

                                 PART H

  Section  1.  Subdivision  3  of  section 750 of the correction law, as
amended by chapter 284 of the laws  of  2007,  is  amended  to  read  as
follows:
  (3) "Direct relationship" means that THERE IS A SUBSTANTIAL CONNECTION
BETWEEN  the nature of [criminal conduct] THE CRIME for which the person
was convicted [has a direct bearing on his fitness or ability to perform
one or more of] AND the duties or responsibilities  necessarily  related
to  the  license,  opportunity,  or  job in question AND SUCH CONNECTION
WOULD CREATE AN UNREASONABLE RISK  TO  PROPERTY  OR  TO  THE  SAFETY  OR
WELFARE  OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC UPON THE ISSUANCE
OR CONTINUATION OF A LICENSE OR THE GRANTING OR CONTINUATION OF  EMPLOY-
MENT OF SUCH PERSON.
  S  2.  Section 752 of the correction law, as amended by chapter 284 of
the laws of 2007, is amended to read as follows:
  S 752. Unfair discrimination against persons previously  convicted  of
one  or  more  criminal  offenses  prohibited.    No application for any
license or employment, and no employment or license held by an  individ-
ual,  to  which  the provisions of this article are applicable, shall be
denied or acted upon adversely by reason of the individual's having been
previously convicted of one or more criminal offenses, or by reason of a
finding of lack of "good moral character" when  such  finding  is  based
upon  the  fact that the individual has previously been convicted of one
or more criminal offenses, unless[:
  (1)] there is a direct relationship, AS SUCH TERM IS DEFINED IN SUBDI-
VISION THREE OF SECTION SEVEN HUNDRED FIFTY OF THIS ARTICLE, between one
or more of the previous criminal offenses and the  specific  license  or
employment sought or held by the individual[; or
  (2)  the  issuance  or  continuation of the license or the granting or
continuation of the employment would involve  an  unreasonable  risk  to
property  or  to  the  safety  or welfare of specific individuals or the
general public].
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART I

  Section  1. Section 755 of the correction law, as added by chapter 931
of the laws of 1976, is amended to read as follows:
  S 755. Enforcement. [1. In relation to actions by public agencies, the
provisions of this article shall be enforceable by a proceeding  brought
pursuant to article seventy-eight of the civil practice law and rules.
  2. In relation to actions by private employers, the] THE provisions of
this article shall be enforceable by the division of human rights pursu-
ant  to  the  powers  and procedures set forth in article fifteen of the
executive law, and, concurrently, by the New  York  city  commission  on
human  rights; PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL BE CONSTRUED
TO LIMIT THE RIGHT OF A PERSON TO  PURSUE  ANY  LEGAL  REMEDY  AVAILABLE
UNDER  ARTICLE  FIFTEEN  OF  THE  EXECUTIVE  LAW OR ANY OTHER APPLICABLE
PROVISION OF LAW.

S. 8000                            24

  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART J

  Section  1.  The opening paragraph and subdivisions 2, 4, 5, 8, 12, 13
and 14 of section 5-211 of the election law, the opening  paragraph  and
subdivision  14  as amended by chapter 200 of the laws of 1996, subdivi-
sions 2 and 8 as amended and subdivisions 4, 5, 12 and 13  as  added  by
chapter 659 of the laws of 1994, are amended to read as follows:
  Each  agency designated as a participating agency under the provisions
of this section shall implement and administer a program of distribution
of voter registration forms pursuant to the provisions of this  section.
The  following  offices  which  provide public assistance and/or provide
state funded programs primarily engaged in providing services to persons
with disabilities are hereby designated as voter registration  agencies:
designated as the state agencies which provide public assistance are the
department of social services and the department of health.  Also desig-
nated as public assistance agencies are all agencies of local government
that  provide  such  assistance AND LOCAL PROBATION DEPARTMENTS.  Desig-
nated as state agencies  that  provide  programs  primarily  engaged  in
providing  services  to  people  with disabilities are the department of
labor, office for the aging, division of veterans'  affairs,  office  of
mental  health,  office of vocational and educational services for indi-
viduals with disabilities, commission on quality of care for the mental-
ly disabled, office of mental retardation  and  developmental  disabili-
ties,  commission  for  the  blind  and  visually handicapped, office of
alcoholism and substance abuse services, the office of the advocate  for
the  disabled  and  all offices which administer programs established or
funded by such agencies. Additional state agencies designated  as  voter
registration  offices  are  the department of state [and], the [division
of] workers' compensation BOARD, THE DIVISION OF PROBATION  AND  CORREC-
TIONAL ALTERNATIVES WHEN PROVIDING DIRECT PROBATION SUPERVISION SERVICES
UNDER  SECTION  TWO HUNDRED FORTY-SEVEN OF THE EXECUTIVE LAW. Such agen-
cies shall be required to offer voter registration forms to persons upon
initial  application  for  services,  renewal  or  recertification   for
services  [and], change of address relating to such services, AND ORIEN-
TATION OR INITIAL INTAKE FOR THE DIVISION OF PROBATION AND  CORRECTIONAL
ALTERNATIVES  AND  LOCAL PROBATION DEPARTMENTS. Such agencies shall also
be responsible for providing assistance to [applicants] SUCH PERSONS  in
completing  voter  registration  forms,  receiving  and transmitting the
completed [application] REGISTRATION form from all [applicants]  PERSONS
who  wish  to  have  such  form  transmitted to the appropriate board of
elections. The state board of elections shall, together  with  represen-
tatives  of  the department of defense, develop and implement procedures
for including recruitment offices of the  armed  forces  of  the  United
States as voter registration offices when such offices are so designated
by  federal law.   The state board shall also make request of the United
States Immigration and Naturalization Service  to  include  applications
for registration by mail with any materials which are given to new citi-
zens.  All institutions of the state university of New York and the city
university  of New York, shall, at the beginning of the school year, and
again in January of a year in which the president of the  United  States
is  to  be  elected,  provide  an  application  for registration to each
student in each such institution.  The state board of elections may,  by
regulation,  grant  a waiver from any or all of the requirements of this

S. 8000                            25

section to any office or program of an agency, if it determines that  it
is  not  feasible for such office or program to administer such require-
ment.
  2. Strict neutrality with respect to a person's party enrollment shall
be  maintained  and  all  persons  seeking  voter registration forms and
information shall be advised that government  services  are  not  condi-
tioned  on  being registered to vote. No statement shall be made nor any
action taken to discourage the [applicant] PERSON  from  registering  to
vote.
  4.  Each participating agency shall provide to each [applicant] PERSON
who does not decline to register to vote the same degree  of  assistance
with  regard  to  the completion of the VOTER registration [application]
form as is provided by the agency with regard to the completion  of  its
own form unless the [applicant] PERSON refuses such assistance.
  5.  Employees  of a voter registration agency who provide voter regis-
tration assistance shall not:
  (a) seek to influence [an applicant's] A PERSON'S political preference
or party designation;
  (b) display any political preference or party allegiance;
  (c) make any statement [to  an  applicant]  or  take  any  action  the
purpose  or  effect  of  which is to discourage [the applicant] A PERSON
from registering to vote; or
  (d) make any statement [to  an  applicant]  or  take  any  action  the
purpose  or  effect  of  which  is  to  lead [the applicant] A PERSON to
believe that a decision to register or not to register has  any  bearing
on the availability of services or benefits.
  8.  Each  participating  agency,  department,  division or office that
makes available voter registration forms pursuant to this section  shall
offer with each application for the services or assistance of such agen-
cy,  department,  division  or  office,  OR,  IN  THE  CASE OF THE LOCAL
PROBATION DEPARTMENTS AND THE DIVISION  OF  PROBATION  AND  CORRECTIONAL
ALTERNATIVES,  UPON  ORIENTATION OR INITIAL INTAKE, and with each recer-
tification, renewal or change of address form relating to  such  service
or  assistance,  a  VOTER  registration  form together with instructions
relating to eligibility to register and for completing the  form  except
that  forms  used  by  the department of social services for the initial
application for services, renewal or recertification  for  services  and
change of address relating to such services shall physically incorporate
a  voter  registration  [application] FORM in a fashion that permits the
voter registration portion of the agency form to be detached  therefrom.
Such  voter  registration  [application] FORM shall be designed so as to
ensure the confidentiality of the source of the application.    Included
on each participating agency's application for services or assistance or
on a separate form shall be:
  (a)  the  question,  "If you are not registered to vote where you live
now, would you like to apply to register here today?"
  (b) [The] THE statement, "applying to register or declining to  regis-
ter  to  vote  will not affect the amount of assistance that you will be
provided by this agency."
  (c) boxes for the applicant to check to indicate whether the applicant
would like to register or decline to register to vote.
  (d) the statement in prominent type, "IF YOU DO NOT CHECK EITHER  BOX,
YOU  WILL  BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
TIME."
  (e) the statement, "If you would like help in filling  out  the  voter
registration  [application] form, we will help you. The decision whether

S. 8000                            26

to seek or accept help is yours.   You may fill  out  the  [application]
VOTER REGISTRATION form in private."
  (f)  the  statement,  "If you believe that someone has interfered with
your right to register or decline to register to  vote,  your  right  to
privacy  in  deciding  whether to register or in applying to register to
vote, or your right to choose your own political party  or  other  poli-
tical  preference,  you  may  file  a  complaint with the state board of
elections (address and toll free telephone number)."
  (g) a toll free number at the state board of  elections  that  can  be
called for answers to registration questions.
  12. Completed [application] VOTER REGISTRATION forms, when received by
a  participating  agency  not later than the twenty-fifth day before the
next ensuing primary, general or special  election  and  transmitted  by
such  agency  to  the  appropriate  board  of elections so that they are
received by such board not later than  the  twentieth  day  before  such
election  shall  entitle the [applicant] PERSON to vote in such election
provided the board determines that the [applicant] PERSON  is  otherwise
qualified.
  13.  The  state  board  of elections shall provide [application] VOTER
REGISTRATION forms for use pursuant to  this  section  except  that  any
agency  which  uses  a  form  other than such registration form shall be
responsible for providing such form. Forms which vary in design [and or]
AND/OR content from the form approved by the state  board  of  elections
may only be used with the approval of such board.
  14.  [Applications] VOTER REGISTRATION FORMS shall be processed by the
board of elections in the manner prescribed by  section  5-210  of  this
title  or,  if the [applicant] PERSON is already registered to vote from
another address in the county or  city,  in  the  manner  prescribed  by
section  5-208  of  this  title.    The board shall send the appropriate
notice of approval or rejection as required by either  subdivision  nine
of such section 5-210 or subdivision five of such section 5-208.
  S 2. Section 220.50 of the criminal procedure law is amended by adding
a new subdivision 8 to read as follows:
  8.  PRIOR  TO  ACCEPTING  A  DEFENDANT'S  PLEA OF GUILTY TO A COUNT OR
COUNTS OF AN INDICTMENT OR A SUPERIOR COURT INFORMATION CHARGING A FELO-
NY OFFENSE FOR WHICH THE COURT WILL IMPOSE A SENTENCE  OF  IMPRISONMENT,
THE  COURT  MUST  ADVISE THE DEFENDANT ON THE RECORD THAT THE CONVICTION
WILL RESULT IN LOSS OF THE RIGHT TO VOTE UNTIL THE INDIVIDUAL HAS SERVED
HIS MAXIMUM SENTENCE OF IMPRISONMENT OR BEEN DISCHARGED FROM PAROLE; AND
THAT THE DEFENDANT MAY REGISTER OR RE-REGISTER TO VOTE AS SOON AS HE HAS
SERVED HIS MAXIMUM SENTENCE OF  IMPRISONMENT  OR  BEEN  DISCHARGED  FROM
PAROLE.    THE FAILURE TO ADVISE THE DEFENDANT PURSUANT TO THIS SUBDIVI-
SION SHALL NOT BE DEEMED TO AFFECT THE VOLUNTARINESS OF A PLEA OF GUILTY
OR THE VALIDITY OF A CONVICTION.
  S 3. The criminal procedure law is amended by  adding  a  new  section
380.51 to read as follows:
S 380.51 STATEMENTS REGARDING VOTING RIGHTS.
  BEFORE  IMPOSING  A  SENTENCE OF IMPRISONMENT FOR A FELONY CONVICTION,
THE COURT MUST ADVISE THE DEFENDANT ON THE RECORD  THAT  THE  CONVICTION
WILL  RESULT  IN  THE LOSS OF THE RIGHT TO VOTE UNTIL THE INDIVIDUAL HAS
SERVED HIS MAXIMUM SENTENCE OF  IMPRISONMENT  OR  BEEN  DISCHARGED  FROM
PAROLE;  AND  THAT  THE DEFENDANT MAY REGISTER OR RE-REGISTER TO VOTE AS
SOON AS HE HAS SERVED HIS  MAXIMUM  SENTENCE  OF  IMPRISONMENT  OR  BEEN
DISCHARGED FROM PAROLE.  THE FAILURE TO ADVISE THE DEFENDANT PURSUANT TO
THIS  SECTION  SHALL NOT BE DEEMED TO AFFECT THE VOLUNTARINESS OF A PLEA
OF GUILTY OR THE VALIDITY OF A CONVICTION.

S. 8000                            27

  S 4. The correction law is amended by adding a new section 510 to read
as follows:
  S  510.  VOTING  BY  QUALIFIED  INMATES. 1. AT THE TIME OF THE INITIAL
ORIENTATION OR INTAKE OF AN INMATE AT A LOCAL CORRECTIONAL FACILITY, THE
CHIEF ADMINISTRATIVE OFFICER OF SUCH LOCAL CORRECTIONAL FACILITY, OR HIS
OR HER DESIGNEE, SHALL INFORM THE INMATE IN WRITING OF HIS OR HER  RIGHT
TO  APPLY  TO REGISTER TO VOTE. IN ADDITION, SUCH NOTICE SHALL BE POSTED
IN A PLACE CONSPICUOUS TO ALL INMATES. SUCH POSTED NOTICE SHALL  INCLUDE
QUALIFICATIONS  REQUIRED  TO  EXERCISE THE RIGHT TO VOTE, AND THE AVAIL-
ABILITY AT THE CORRECTIONAL FACILITY OF ASSISTANCE TO APPLY TO  REGISTER
TO  VOTE  AND  TO  REQUEST  AN ABSENTEE BALLOT APPLICATION.   SUCH CHIEF
ADMINISTRATIVE OFFICER, OR HIS OR HER DESIGNEE, SHALL ASSIST INMATES  IN
APPLYING  TO  REGISTER TO VOTE IN THE SAME MANNER AND TO THE SAME EXTENT
AS THE AGENCIES LISTED IN SECTION 5-211 OF THE ELECTION LAW.
  2. ON AN ANNUAL BASIS, THIRTY DAYS BEFORE  EACH  PRIMARY  AND  GENERAL
ELECTION,  THE  CHIEF  ADMINISTRATIVE  OFFICER,  OR HIS OR HER DESIGNEE,
SHALL PROVIDE EACH INMATE WITH WRITTEN INFORMATION ABOUT  QUALIFICATIONS
AND  PROCEDURES  FOR  VOTING  BY ABSENTEE BALLOT AND SHALL MAKE ABSENTEE
BALLOT APPLICATIONS AVAILABLE TO ALL INMATES.
  IN THE EVENT THAT AN INMATE OF A LOCAL CORRECTIONAL FACILITY IS TEMPO-
RARILY ABSENT FROM SUCH FACILITY FOR THE PURPOSE  OF  RECEIVING  MEDICAL
CARE  AT  A  LOCAL  HEALTH CARE FACILITY, THE INFORMATION REQUIRED UNDER
THIS SECTION SHALL BE MAILED TO SUCH INMATE.
  S 5. The correction law is amended by adding a new section 75 to  read
as follows:
  S 75. VOTING RIGHTS UPON COMPLETION OF SENTENCE. 1. UPON THE DISCHARGE
FROM  A  CORRECTIONAL  FACILITY OF ANY PERSON WHO HAS REACHED HIS OR HER
MAXIMUM SENTENCE OF IMPRISONMENT FOR THE CONVICTION  OF  A  FELONY,  THE
DEPARTMENT, AND, SUBJECT TO THEIR AGREEMENT, FEDERAL CORRECTIONAL INSTI-
TUTIONS  IN  NEW  YORK,  SHALL NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO
VOTE, PROVIDE SUCH PERSON WITH A FORM OF APPLICATION FOR VOTER REGISTRA-
TION TOGETHER WITH WRITTEN  INFORMATION  DISTRIBUTED  BY  THE  BOARD  OF
ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING AND SHALL ASSIST
SUCH  PERSON  IN  REGISTERING TO VOTE IN THE SAME MANNER AND TO THE SAME
EXTENT AS THE AGENCIES LISTED IN SECTION 5-211 OF THE ELECTION LAW.
  2. THE DEPARTMENT AND, SUBJECT TO THEIR AGREEMENT, FEDERAL CORRECTION-
AL INSTITUTIONS IN NEW YORK, SHALL, ON OR BEFORE THE  FIFTEENTH  DAY  OF
EACH  MONTH,  TRANSMIT TO THE STATE BOARD OF ELECTIONS A LIST CONTAINING
THE FOLLOWING INFORMATION ABOUT  PERSONS  AGE  EIGHTEEN  OR  OLDER  WHO,
DURING  THE  PRECEDING  PERIOD,  HAVE BECOME ELIGIBLE TO VOTE BECAUSE OF
THEIR DISCHARGE FROM IMPRISONMENT: (A) NAME; (B) DATE OF BIRTH; (C) LAST
KNOWN ADDRESS WITH COUNTY OF RESIDENCE; AND (D) DRIVER'S LICENSE  NUMBER
(IF KNOWN) OR LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER (IF KNOWN).
  S  6.  The  executive law is amended by adding a new section 259-jj to
read as follows:
  S 259-JJ. VOTING RIGHTS UPON DISCHARGE. 1. UPON DISCHARGE OF A  PERSON
FROM  PRESUMPTIVE  RELEASE,  PAROLE, OR CONDITIONAL RELEASE, OR UPON THE
EXPIRATION OF A PERSON'S MAXIMUM SENTENCE OF  IMPRISONMENT  WHILE  UNDER
THE  SUPERVISION OF THE DIVISION OF PAROLE, THE DIVISION OF PAROLE SHALL
NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO VOTE, PROVIDE SUCH PERSON WITH
A FORM OF APPLICATION  FOR  VOTER  REGISTRATION  TOGETHER  WITH  WRITTEN
INFORMATION  DISTRIBUTED BY THE BOARD OF ELECTIONS ON THE IMPORTANCE AND
THE MECHANICS OF VOTING AND SHALL ASSIST SUCH PERSON IN  REGISTERING  TO
VOTE IN THE SAME MANNER AND TO THE SAME EXTENT AS THE AGENCIES LISTED IN
SECTION 5-211 OF THE ELECTION LAW.

S. 8000                            28

  2.  THE  DIVISION  OF  PAROLE SHALL, ON OR BEFORE THE FIFTEENTH DAY OF
EACH MONTH, TRANSMIT TO THE STATE BOARD OF ELECTIONS A  LIST  CONTAINING
THE  FOLLOWING  INFORMATION  ABOUT  PERSONS  AGE  EIGHTEEN OR OLDER WHO,
DURING THE PRECEDING PERIOD, HAVE BECOME ELIGIBLE  TO  VOTE  BECAUSE  OF
THEIR DISCHARGE FROM PRESUMPTIVE RELEASE, PAROLE OR CONDITIONAL RELEASE,
OR  UPON  THE EXPIRATION OF THEIR MAXIMUM SENTENCE OF IMPRISONMENT WHILE
UNDER THE SUPERVISION OF THE DIVISION OF PAROLE: (A) NAME; (B)  DATE  OF
BIRTH; (C) LAST KNOWN ADDRESS WITH COUNTY OF RESIDENCE; AND (D) DRIVER'S
LICENSE  NUMBER (IF KNOWN) OR LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER
(IF KNOWN).
  S 7. Section 5-614 of the election law is amended by adding three  new
subdivisions 6-a, 6-b and 6-c to read as follows:
  6-A.  ONCE  EVERY  MONTH,  AND  WITHIN FIVE DAYS OF RECEIPT, THE STATE
BOARD OF  ELECTIONS  SHALL  OBTAIN  AND  TRANSMIT  TO  LOCAL  BOARDS  OF
ELECTIONS  THE  INFORMATION  PROVIDED  BY THE DEPARTMENT OF CORRECTIONAL
SERVICES PURSUANT TO SUBDIVISION TWO  OF  SECTION  SEVENTY-FIVE  OF  THE
CORRECTION  LAW,  AND  BY THE DIVISION OF PAROLE PURSUANT TO SUBDIVISION
TWO OF SECTION TWO HUNDRED FIFTY-NINE-JJ OF THE EXECUTIVE LAW.
  6-B. EACH LOCAL BOARD OF ELECTIONS SHALL USE  SUCH  LIST,  WITHIN  TEN
DAYS  AFTER  RECEIPT,  TO ENSURE THAT THERE ARE NO REMAINING BARRIERS TO
REGISTRATION, INCLUDING THE USE OF ELECTRONIC CODES OR  OTHER  FORMS  OF
ELIGIBILITY  DEMARCATION,  RESULTING FROM PAST CONVICTIONS OF THE PEOPLE
SO LISTED.
  6-C.  ANY VOTER REGISTRATION APPLICATION THAT WAS REJECTED  AFTER  THE
EFFECTIVE  DATE  OF  THIS  SUBDIVISION  AND  PRIOR  TO THE LOCAL BOARD'S
RECEIPT AND PROCESSING OF  THE  INFORMATION  DESCRIBED  IN  SUBDIVISIONS
SIX-A AND SIX-B OF THIS SECTION SHALL BE REVIEWED UPON RECEIPT AND PROC-
ESSING  OF SUCH INFORMATION. ANY APPLICANT THAT IS FOUND TO BE ELIGIBLE,
SHALL BE APPROVED AND THE VOTER SHALL BE REGISTERED AND SO NOTIFIED.
  S 8. The election law is amended by adding a new  section  3-102-a  to
read as follows:
  S  3-102-A.  STATE  BOARD OF ELECTIONS; DUTIES UNDER THE VOTING RIGHTS
NOTIFICATION AND REGISTRATION ACT.   1. THE  STATE  BOARD  OF  ELECTIONS
SHALL  DEVELOP  AND  IMPLEMENT  A  PROGRAM TO EDUCATE ATTORNEYS; JUDGES;
EMPLOYEES OF THE STATE AND LOCAL BOARDS OF ELECTIONS; EMPLOYEES  OF  THE
DEPARTMENT OF CORRECTIONAL SERVICES, THE DIVISION OF PAROLE, THE DEPART-
MENT  OF  PROBATION  AND  CORRECTIONAL ALTERNATIVES, AND LOCAL PROBATION
DEPARTMENTS AND MEMBERS OF THE PUBLIC  ABOUT  THE  REQUIREMENTS  OF  THE
VOTING RIGHTS NOTIFICATION AND REGISTRATION ACT, ENSURING THAT:
  (A) JUDGES ARE INFORMED OF THEIR OBLIGATION TO NOTIFY CRIMINAL DEFEND-
ANTS  OF  THE  POTENTIAL LOSS AND RESTORATION OF THEIR VOTING RIGHTS, IN
ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION 220.50 AND  SECTION  380.51
OF THE CRIMINAL PROCEDURE LAW;
  (B)  THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES AND, SUBJECT TO THEIR
AGREEMENT, FEDERAL CORRECTIONAL INSTITUTIONS IN NEW YORK,  ARE  PREPARED
TO  ASSIST PEOPLE TO REGISTER TO VOTE IN ANTICIPATION OF THEIR DISCHARGE
FROM IMPRISONMENT, INCLUDING BY FORWARDING THEIR COMPLETED VOTER  REGIS-
TRATION FORMS TO THE LOCAL ELECTION BOARDS;
  (C)  THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES AND, SUBJECT TO THEIR
AGREEMENT, FEDERAL CORRECTIONAL INSTITUTIONS IN NEW YORK, AND THE  DIVI-
SION OF PAROLE, ARE PREPARED TO TRANSMIT TO THE STATE BOARD OF ELECTIONS
THE  INFORMATION SPECIFIED IN SUBDIVISION TWO OF SECTION SEVENTY-FIVE OF
THE  CORRECTION  LAW  AND  SUBDIVISION  TWO  OF  SECTION   TWO   HUNDRED
FIFTY-NINE-JJ OF THE EXECUTIVE LAW;
  (D)  LOCAL  CORRECTIONAL  FACILITIES  ARE PREPARED TO ASSIST PEOPLE TO
REGISTER TO VOTE;

S. 8000                            29

  (E) PROBATION AND PAROLE OFFICERS ARE INFORMED OF THE CHANGES  IN  THE
LAW AND ARE PREPARED TO NOTIFY PROBATIONERS AND PAROLEES OF THEIR VOTING
RIGHTS;
  (F)  THE  LANGUAGE ON VOTER REGISTRATION FORMS MAKES CLEAR THAT PEOPLE
ARE DISQUALIFIED FROM VOTING ONLY WHILE THEY ARE SERVING A  SENTENCE  OF
IMPRISONMENT  OR  ARE  ON  PAROLE  FOR A FELONY CONVICTION AND THAT THEY
AUTOMATICALLY REGAIN THE RIGHT TO REGISTER OR RE-REGISTER TO  VOTE  UPON
COMPLETION  OF  THEIR MAXIMUM SENTENCE OF IMPRISONMENT OR DISCHARGE FROM
PAROLE;
  (G) ALL LOCAL BOARDS OF ELECTIONS ARE PREPARED TO RESTORE NAMES TO THE
COMPUTERIZED  STATEWIDE  VOTER  REGISTRATION  LIST  IN  ACCORDANCE  WITH
SECTION 5-614 OF THE ELECTION LAW; AND
  (H)  ACCURATE  AND  COMPLETE  INFORMATION  ABOUT  THE VOTING RIGHTS OF
PEOPLE WHO HAVE BEEN CHARGED WITH OR CONVICTED OF CRIMES IS MADE  AVAIL-
ABLE  THROUGH  A  SINGLE  PUBLICATION  TO  GOVERNMENT  OFFICIALS AND THE
PUBLIC.
  2. THE STATE BOARD OF ELECTIONS SHALL AMEND  OR  PROMULGATE  PERTINENT
RULES AND REGULATIONS AS NECESSARY TO IMPLEMENT THIS SECTION.
  S  9.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART K

  Section 1. The correction law is amended by adding a new section 9  to
read as follows:
  S  9.  ACCESS TO INMATE INFORMATION VIA THE INTERNET.  NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, ANY INFORMATION  RELATING  TO  THE
CONVICTION OF A PERSON, EXCEPT FOR A PERSON CONVICTED OF AN OFFENSE THAT
WOULD  MAKE  SUCH  PERSON  INELIGIBLE FOR MERIT TIME UNDER SECTION EIGHT
HUNDRED THREE OF THIS CHAPTER OR AN OFFENSE FOR WHICH REGISTRATION AS  A
SEX  OFFENDER  IS  REQUIRED  AS SET FORTH IN SUBDIVISION TWO OR THREE OF
SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS CHAPTER, THAT IS POSTED  ON  A
WEBSITE  MAINTAINED  BY  OR FOR THE DEPARTMENT, UNDER ARTICLE SIX OF THE
PUBLIC OFFICERS LAW, MAY BE POSTED ON SUCH WEBSITE FOR A PERIOD  NOT  TO
EXCEED  FIVE  YEARS  AFTER  THE  EXPIRATION OF SUCH PERSON'S SENTENCE OF
IMPRISONMENT AND ANY  PERIOD  OF  PAROLE  OR  POST-RELEASE  SUPERVISION;
PROVIDED,  HOWEVER,  THAT IN THE CASE OF A PERSON WHO HAS BEEN COMMITTED
TO THE DEPARTMENT ON MORE THAN ONE OCCASION,  THE  DEPARTMENT  MAY  POST
CONVICTION  INFORMATION RELATING TO ANY PRIOR COMMITMENT ON SUCH WEBSITE
FOR A PERIOD NOT TO EXCEED FIVE  YEARS  AFTER  THE  EXPIRATION  OF  SUCH
PERSON'S  SENTENCE  OF IMPRISONMENT AND ANY PERIOD OF PAROLE OR POST-RE-
LEASE SUPERVISION ARISING FROM THE MOST RECENT COMMITMENT TO THE DEPART-
MENT.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.

S. 8000                            30

  S 3. This act shall take effect immediately; provided,  however,  that
the  applicable effective date of Parts A through K of this act shall be
as specifically set forth in the last section of such Parts.