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

                                  5499

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT to amend the correction law, the executive law, the tax law, the
  vehicle and traffic law, the alcoholic beverage control law, the agri-
  culture and markets law, the public health law, the general  municipal
  law,  the  town  law, the education law, the general business law, the
  insurance law, the banking law, the penal law, the civil  rights  law,
  the  real  property law and the administrative code of the city of New
  York, in relation to the issuance of certificates of restoration;  and
  to repeal certain provisions of the correction law relating thereto

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

  Section 1. Section 700 of the correction law, as  amended  by  chapter
342 of the laws of 1972, is amended to read as follows:
  S  700. Definitions [and rules of construction].  [1.] As used in this
article the following terms have the following meanings:
  [(a)] 1.  "Eligible  offender"  shall  mean  a  person  who  has  been
convicted  of  a crime or of an offense[, but who has not been convicted
more than once of a felony].
  [(b)] 2. "Felony" means a conviction of a felony in this state, or  of
an  offense  in any other jurisdiction for which a sentence to a term of
imprisonment in excess of one year, or a sentence of death, was  author-
ized.
  [(c)] 3. "Revocable sentence" means a suspended sentence or a sentence
upon  which  execution was suspended pursuant to the penal law in effect
prior to September first, nineteen hundred sixty-seven; or a sentence of
probation or of conditional discharge imposed pursuant to the penal  law
in effect after September first, nineteen hundred sixty-seven.
  [2.   For  the  purposes  of  this  article  the  following  rules  of
construction shall apply:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08879-02-3
              

S. 5499                             2

  (a) Two or more convictions of felonies charged in separate counts  of
one indictment or information shall be deemed to be one conviction;
  (b) Two or more convictions of felonies charged in two or more indict-
ments or information, filed in the same court prior to entry of judgment
under any of them, shall be deemed to be one conviction; and
  (c) A plea or a verdict of guilty upon which sentence or the execution
of  sentence  has  been suspended or upon which a sentence of probation,
conditional discharge, or unconditional discharge has been imposed shall
be deemed to be a conviction.]
  S 2. Section 701 of the correction law, as amended by chapter  342  of
the laws of 1972, subdivision 2 as amended by chapter 235 of the laws of
2007, is amended to read as follows:
  S  701.  Certificate  of [relief from disabilities] RESTORATION. 1.  A
certificate of [relief from disabilities] RESTORATION may be granted  as
provided  in this article to relieve an eligible offender of any forfei-
ture or disability, or to remove any bar to his OR HER employment, auto-
matically imposed by law by reason of his OR HER conviction of the crime
or of the offense specified therein. Such certificate may be limited  to
one or more enumerated forfeitures, disabilities or bars, or may relieve
the  eligible  offender  of  all  forfeitures,  disabilities  and  bars.
Provided, however, that no such certificate shall apply, or be construed
so as to apply, to the right of such person to retain or to be  eligible
for public office.
  2. Notwithstanding any other provision of law, except subdivision five
of  section  twenty-eight  hundred six of the public health law or para-
graph (b) of subdivision two of section eleven hundred  ninety-three  of
the  vehicle  and  traffic law, a conviction of a crime or of an offense
specified in a certificate of  [relief  from  disabilities]  RESTORATION
shall  not  cause  automatic  forfeiture  of  any  license, other than a
license issued pursuant to section 400.00 of the penal law to  a  person
convicted  of a class A-I felony or a violent felony offense, as defined
in subdivision one of section 70.02 of the penal  law,  permit,  employ-
ment,  or  franchise,  including the right to register for or vote at an
election, or automatic forfeiture of any other right or privilege,  held
by  the eligible offender and covered by the certificate. Nor shall such
conviction be deemed to be  a  conviction  within  the  meaning  of  any
provision  of  law that imposes, by reason of a conviction, a bar to any
employment, a disability to exercise any right, or a disability to apply
for or to receive any license, permit, or other authority  or  privilege
covered  by  the certificate; provided, however, that a conviction for a
second or subsequent violation of  any  subdivision  of  section  eleven
hundred  ninety-two  of the vehicle and traffic law committed within the
preceding ten years shall impose a disability to apply for or receive an
operator's license during the period provided in such law; and  provided
further,  however, that a conviction for a class A-I felony or a violent
felony offense, as defined in subdivision one of section  70.02  of  the
penal  law,  shall impose a disability to apply for or receive a license
or permit issued pursuant to section 400.00 of the penal law. A  certif-
icate  of  [relief  from  a  disability] RESTORATION imposed pursuant to
subparagraph (v) of paragraph b of subdivision two and paragraphs i  and
j  of  subdivision  six  of  section five hundred ten of the vehicle and
traffic law may only be issued  upon  a  determination  that  compelling
circumstances warrant such relief.
  3.  A certificate of [relief from disabilities] RESTORATION shall not,
however, in any way prevent any judicial, administrative,  licensing  or
other  body,  board  or  authority  from  [relying upon] CONSIDERING the

S. 5499                             3

conviction specified therein as  the  basis  for  the  exercise  of  its
discretionary  power  to  suspend,  revoke, refuse to issue or refuse to
renew any license, permit or other authority or privilege IN  ACCORDANCE
WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THIS CHAPTER.
  4.  NOTWITHSTANDING  ANY  OTHER  SECTION OF LAW, A CERTIFICATE OF GOOD
CONDUCT OR A CERTIFICATE OF RELIEF FROM DISABILITIES SHALL BE  CONSTRUED
TO  MEAN  A  CERTIFICATE  OF  RESTORATION, BUT SHALL NOT BE CONSTRUED TO
EXPAND OR LIMIT ANY RELIEF PREVIOUSLY GRANTED. ANY CERTIFICATE OF RELIEF
FROM DISABILITIES OR CERTIFICATE OF GOOD CONDUCT  ISSUED  PRIOR  TO  THE
EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN THAT
ADDED THIS SUBDIVISION SHALL BE DEEMED THE EQUIVALENT OF  A  CERTIFICATE
OF  RESTORATION  AND  SHALL REMAIN IN FULL FORCE AND EFFECT ON AND AFTER
SUCH EFFECTIVE DATE. NOTHING IN THE CHAPTER OF THE LAWS OF TWO  THOUSAND
THIRTEEN  THAT  ADDED  THIS  SUBDIVISION  SHALL  BE READ TO INVALIDATE A
CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT
ISSUED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
THOUSAND THIRTEEN THAT ADDED THIS SUBDIVISION ON OR AFTER SUCH EFFECTIVE
DATE.
  S  3.  Section 702 of the correction law, as amended by chapter 342 of
the laws of 1972, the section heading as amended by chapter 931  of  the
laws  of  1976,  subdivision  1 as amended by chapter 488 of the laws of
2011, subdivision 3 as amended by section 64 of part A of chapter 56  of
the  laws  of  2010 and subdivisions 4 and 6 as amended by section 32 of
subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
read as follows:
  S  702.  Certificates of [relief from disabilities] RESTORATION issued
by courts.  1. Any court of this state may, in its discretion,  issue  a
certificate  of  [relief  from  disabilities] RESTORATION to an eligible
offender for a conviction that occurred in  such  court,  if  the  court
either  (a) imposed a revocable sentence or (b) imposed a sentence other
than one executed by commitment to an institution under the jurisdiction
of the state department of corrections and community  supervision.  Such
certificate  may  be  issued  (i) at the time sentence is pronounced, in
which case it may grant relief from forfeitures, as well as  from  disa-
bilities[,] or (ii) at any time thereafter, in which case it shall apply
only  to  disabilities.    Where  such  court either imposes a revocable
sentence or imposes a sentence other than one executed by commitment  to
an  institution  under  the  jurisdiction  of  the  state  department of
corrections and community supervision, the court, upon  application  and
in  accordance  with  subdivision  two  of this section, shall initially
determine the fitness of an eligible offender for such certificate prior
to or at the time sentence is pronounced.
  2. Such certificate shall not be issued by the court unless the  court
is satisfied that:
  (a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the eligible offender; and
  (c) The relief to be granted by the certificate is consistent with the
public interest.
  3.  Where  a  certificate of [relief from disabilities] RESTORATION is
not issued at the time sentence is pronounced it shall  only  be  issued
thereafter  upon  verified  application to the court. The court may, for
the purpose of determining whether such  certificate  shall  be  issued,
request  its probation service to conduct an investigation of the appli-
cant, or if the court has  no  probation  service  it  may  request  the

S. 5499                             4

probation  service of the county court for the county in which the court
is  located  to  conduct  such  investigation.  Any  probation   officer
requested  to  make  an  investigation  pursuant  to  this section shall
prepare and submit to the court a written report in accordance with such
request.
  4.  Where  the  court has imposed a revocable sentence and the certif-
icate of [relief from disabilities] RESTORATION is issued prior  to  the
expiration  or  termination  of the time which the court may revoke such
sentence, the certificate shall be deemed to be a temporary  certificate
until  such  time  as  the  court's authority to revoke the sentence has
expired or is terminated. While temporary, such certificate (a)  may  be
revoked  by  the  court for violation of the conditions of the sentence,
and (b) shall be revoked by the court if it  revokes  the  sentence  and
commits the person to an institution under the jurisdiction of the state
department of corrections and community supervision. Any such revocation
shall  be  upon  notice  and  after  an  opportunity to be heard. If the
certificate is not so revoked, it shall become a  permanent  certificate
upon  expiration  or  termination of the court's authority to revoke the
sentence.
  5. Any court that has issued a certificate of [relief  from  disabili-
ties] RESTORATION may at any time issue a new certificate to enlarge the
relief  previously  granted,  provided,  however, that the provisions of
subdivisions one through four of this section shall apply to  the  issu-
ance of any such new certificate.
  6.  Any written report submitted to the court pursuant to this section
is confidential and may not be made available to any person or public or
private agency except where specifically required or permitted by  stat-
ute  or  upon  specific  authorization  of  the court. However, upon the
court's receipt of such report, the court shall provide a copy  of  such
report, or direct that such report be provided to the applicant's attor-
ney,  or  the  applicant  himself,  if he or she has no attorney. In its
discretion, the court may except from disclosure a part or parts of  the
report  which  are  not  relevant  to  the granting of a certificate, or
sources of information which have been obtained on a promise  of  confi-
dentiality,  or any other portion thereof, disclosure of which would not
be in the interest of justice. The action of the court excepting  infor-
mation  from disclosure shall be subject to appellate review. The court,
in its discretion, may hold a conference in open court or in chambers to
afford an applicant an opportunity to controvert or to comment upon  any
portions  of the report. The court may also conduct a summary hearing at
the conference on any matter relevant to the granting of the application
and may take testimony under oath.
  S 4. Section 703 of the correction law, as amended by  section  34  of
subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
read as follows:
  S 703. Certificates of [relief from disabilities]  RESTORATION  issued
by  the  department  of  corrections  and  community supervision. 1. The
department of corrections and community supervision shall have the power
to issue a certificate of [relief from disabilities] RESTORATION to:
  (a) any eligible offender who has been  committed  to  an  institution
under the jurisdiction of the state department of corrections and commu-
nity  supervision.  Such  certificate may be issued by the department at
the time the offender  is  released  from  such  institution  under  the
department's  supervision  or  otherwise or at any time thereafter, UPON
APPLICATION OF THE OFFENDER;

S. 5499                             5

  (b) any eligible offender who resides  within  this  state  and  whose
judgment  of  conviction  was rendered by a court in any other jurisdic-
tion.
  2. Where the department has issued a certificate of [relief from disa-
bilities]  RESTORATION,  the  department  may  at  any  time issue a new
certificate enlarging the relief previously granted.
  3. The department shall not issue [any] A certificate of [relief  from
disabilities  pursuant  to  subdivisions one or two,] RESTORATION unless
the department is satisfied that:
  (a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred OF THIS ARTICLE;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the eligible offender; [and]
  (c) The relief to be granted by the certificate is consistent with the
public interest[.]; AND
  (D) THREE YEARS HAVE ELAPSED SINCE UNREVOKED RELEASE FROM CUSTODY  FOR
PERSONS  WITH  MULTIPLE  FELONY CONVICTIONS WHERE THE MOST SERIOUS CRIME
FOR WHICH THE INDIVIDUAL WAS CONVICTED IS A CLASS C, D OR E  FELONY,  OR
FIVE YEARS HAVE ELAPSED SINCE UNREVOKED RELEASE FROM CUSTODY FOR PERSONS
CONVICTED OF A CLASS A OR B FELONY AT ANY TIME.
  4.  Any  certificate of relief from disabilities issued by the depart-
ment to an eligible offender who at time of the issuance of the  certif-
icate  is  under  the  department's supervision, shall be deemed to be a
temporary certificate until  such  time  as  the  eligible  offender  is
discharged from the department's supervision, and, while temporary, such
certificate may be revoked by the department for violation of the condi-
tions  of  community supervision. Revocation shall be upon notice to the
releasee, who shall be accorded an opportunity to explain the  violation
prior  to  decision  thereon.  If  the certificate is not so revoked, it
shall become a permanent certificate upon expiration or  termination  of
the department's jurisdiction over the individual.
  5. In granting or revoking a certificate of [relief from disabilities]
RESTORATION  the  action  of  the  department shall be deemed a judicial
function and shall not be reviewable if done according to law.
  6. For the purpose of determining whether such  certificate  shall  be
issued, the department may conduct an investigation of the applicant.
  7. Presumption based on federal recommendation. Where a certificate of
[relief  from  disabilities] RESTORATION is sought pursuant to paragraph
(b) of subdivision one of this  section  on  a  judgment  of  conviction
rendered by a federal district court in this state and the department is
in  receipt of a written recommendation in favor of the issuance of such
certificate from the  chief  probation  officer  of  the  district,  the
department  shall  issue the requested certificate, unless it finds that
the requirements of paragraphs (a), (b) and (c) of subdivision three  of
this  section  have not been satisfied; or that the interests of justice
would not be advanced by the issuance of the certificate.
  S 5. Sections 703-a and 703-b of the correction law are REPEALED.
  S 6. Section 704 of the correction law, as added by chapter 654 of the
laws of 1966, is amended to read as follows:
  S 704. Effect of revocation; use of revoked certificate.   1. Where  a
certificate  of  [relief  from disabilities] RESTORATION is deemed to be
temporary and such certificate is revoked, disabilities and  forfeitures
thereby  relieved  shall  be  reinstated  as  of the date upon which the
person to whom the certificate was issued  receives  written  notice  of
such  revocation.  Any  such  person  shall  upon receipt of such notice
surrender the certificate to the issuing court or board.

S. 5499                             6

  2. A person who knowingly uses or attempts to use, a  revoked  certif-
icate of [relief from disabilities] RESTORATION in order to obtain or to
exercise  any right or privilege that he would not be entitled to obtain
or to exercise without a valid certificate shall be guilty of  a  misde-
meanor.
  S  7.  Section  705 of the correction law, as amended by section 36 of
subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
read as follows:
  S  705. Forms and filing. 1. All applications, certificates and orders
of revocation necessary for the purposes of this article shall  be  upon
forms  prescribed  pursuant to agreement among the state commissioner of
corrections and community supervision, the chairman of the  state  board
of  parole  and the administrator of the state judicial conference. Such
forms relating to [certificates of  relief  from  disabilities]  CERTIF-
ICATES  OF  RESTORATION  shall be distributed by the office of probation
and correctional alternatives [and forms  relating  to  certificates  of
good  conduct  shall  be  distributed]  AND by the [commissioner of the]
department of corrections and community supervision.
  2. Any court or department issuing or revoking any certificate  pursu-
ant to this article shall immediately file a copy of the certificate, or
of  the  order of revocation, with the New York state identification and
intelligence system.
  S 8. Paragraph (h) of subdivision 1 of section 130  of  the  executive
law,  as  amended  by  section 1 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
  (h) vagrancy or prostitution, and  who  has  not  subsequent  to  such
conviction  received  an  executive  pardon therefor or a CERTIFICATE OF
RESTORATION, A certificate of relief from disabilities or a  certificate
of  good  conduct pursuant to article twenty-three of the correction law
to remove the disability under this section because of such conviction.
  S 9. Subdivision 3 of section 175 of the executive law, as amended  by
section  2  of  part LL of chapter 56 of the laws of 2010, is amended to
read as follows:
  3. Upon a showing by the attorney general in  an  application  for  an
injunction that any person engaged in solicitation has been convicted in
this  state  or  elsewhere of a felony or of a misdemeanor involving the
misappropriation, misapplication or misuse of the money or  property  of
another, and who has not, subsequent to such conviction, received execu-
tive  pardon  therefor  or  a  certificate of [relief from disabilities]
RESTORATION or a certificate of good conduct pursuant to  article  twen-
ty-three  of the correction law, the supreme court, after a hearing, may
enjoin such person from engaging in any solicitation.
  S 10. Clause 1 of paragraph (c) of subdivision 2 of section 435 of the
executive law, as amended by chapter 371 of the laws of 1974, is amended
to read as follows:
  (1) a person convicted of a crime who has not received  a  pardon,  [a
certificate  of]  OR  A  CERTIFICATE OF RESTORATION, good conduct, or [a
certificate of] relief from disabilities;
  S 11. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
amended by section 24 of part LL of chapter 56 of the laws of  2010,  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 RESTORATION, A certificate of relief from disa-
bilities or a certificate of good conduct pursuant  to  article  twenty-

S. 5499                             7

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  application of such person and compliance with
subdivision  two  of this section, and on the submission to it of satis-
factory evidence of good moral character and suitability, again register
such person as a distributor under this article.
  S 12. Paragraph (a) of subdivision 1 of section 509-c of  the  vehicle
and  traffic  law,  as amended by section 25 of part LL of chapter 56 of
the laws of 2010, 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 RESTORATION, A certificate
of relief from disabilities or a certificate of good conduct pursuant to
article twenty-three of the correction law.
  S 13. Subparagraph (i) of paragraph (a) of subdivision  1  of  section
509-cc  of the vehicle and traffic law, as amended by section 27 of part
LL of chapter 56 of the laws of 2010, is 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 RESTORATION, A  certificate  of
relief  from  disabilities  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

S. 5499                             8

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
  S 14. Subparagraph (iii) of paragraph d of subdivision  6  of  section
510  of the vehicle and traffic law, as amended by section 29 of part LL
of chapter 56 of the laws of 2010, is amended to read as follows:
  (iii) after such documentation, if required, is  accepted,  that  such
person  is granted a CERTIFICATE OF RESTORATION, A certificate of relief
from disabilities 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  15.  Subparagraph  (iii) of paragraph c of subdivision 2 of section
510-a of the vehicle and traffic law, as amended by section 30  of  part
LL of chapter 56 of the laws of 2010, is amended to read as follows:
  (iii)  after  such  documentation, if required, is accepted, that such
person is granted a CERTIFICATE OF RESTORATION, A certificate of  relief
from  disabilities  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 16. Subdivision 2 of section 102 of the alcoholic  beverage  control
law,  as  amended  by  section 1 of part OO of chapter 56 of the laws of
2010, the opening paragraph as separately amended by section 3  of  part
LL  of  chapter  56  of the laws of 2010 and paragraph (g) as separately
amended by chapter 232 of the laws  of  2010,  is  amended  to  read  as
follows:
  2.  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 OR HER business in any capacity whatsoev-
er, 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  RESTORATION,  A certificate of relief from
disabilities or a certificate of good conduct pursuant to article  twen-
ty-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:
  (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 subdivisions six, 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] SECTION 165.25 or 165.30 of the penal law;
  (h) Vagrancy or prostitution; or

S. 5499                             9

  (i)  Ownership,  operation,  possession, custody or control of a still
subsequent to July first, nineteen hundred fifty-four.
  If,  as  hereinabove  provided,  the state liquor authority issues its
written approval for the employment by a licensee, in a specified capac-
ity, of a person previously convicted of a felony or any of the offenses
above enumerated, such person, may, unless he  OR  SHE  is  subsequently
convicted of a felony or any of such offenses, thereafter be employed in
the  same  capacity  by  any  other licensee without the further written
approval of the authority unless the prior approval given by the author-
ity is terminated.
  The liquor authority may make such rules  as  it  deems  necessary  to
carry out the purpose and intent of this subdivision.
  As  used  in this subdivision, "recreational facility" shall mean: (i)
premises that are part of a facility the  principal  business  of  which
shall  be the providing of recreation in the form of golf, tennis, swim-
ming, skiing or boating; and (ii) premises in which the principal  busi-
ness  shall  be  the  operation of a theatre, concert hall, opera house,
bowling establishment, excursion and  sightseeing  vessel,  or  accommo-
dation  of athletic events, sporting events, expositions and other simi-
lar events or occasions requiring the accommodation of large  gatherings
of persons.
  S  17.  Paragraph (d) of subdivision 1 of section 110 of the alcoholic
beverage control law, as amended by chapter 114 of the laws of 2000,  is
amended to read as follows:
  (d)  A statement that such applicant or the applicant's spouse has not
been convicted of a crime addressed by the  provisions  of  section  one
hundred  twenty-six  of  this  article  which would forbid the applicant
(including any officers, directors, shareholders or partners  listed  in
the statement of identity under paragraph (a) of this subdivision or the
spouse of such person) or the applicant's spouse to traffic in alcoholic
beverages, a statement whether or not the applicant (including any offi-
cers,  directors,  shareholders  or  partners listed in the statement of
identity under paragraph (a) of this subdivision or the  spouse  of  any
such  person)  or  the  applicant's  spouse  is an official described in
section one hundred twenty-eight of this article, and a  description  of
any  crime that the applicant (including any officers, directors, share-
holders or partners listed under paragraph (a) of  this  subdivision  or
the  spouse  of  any  such  person)  or  the applicant's spouse has been
convicted of and whether such person has received a pardon,  CERTIFICATE
OF  RESTORATION,  certificate  of  good conduct or certificate of relief
from disabilities; provided, however, that no person shall be denied any
license solely on the grounds that such person is the spouse of a person
otherwise disqualified from holding a license under this chapter.
  S 18. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
age control law, as amended by section 50 of subpart  B  of  part  C  of
chapter 62 of the laws of 2011, are amended to read as follows:
  1.  Except  as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors  mentioned
in  section eleven hundred forty-six of the former penal law as in force
and effect  immediately  prior  to  September  first,  nineteen  hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal  law,  unless subsequent to such conviction such person shall have
received an  executive  pardon  therefor  removing  this  disability,  a
certificate  of RESTORATION OR good conduct granted by the department of
corrections and community supervision, or a certificate of  relief  from
disabilities  granted  by  the  department  of corrections and community

S. 5499                            10

supervision or a court of this state pursuant to the provisions of arti-
cle twenty-three of the correction law to remove  the  disability  under
this section because of such conviction.
  1-a. Notwithstanding the provision of subdivision one of this section,
a  corporation holding a license to traffic in alcoholic beverages shall
not, upon conviction of a felony or any of the misdemeanors or  offenses
described in subdivision one of this section, be automatically forbidden
to  traffic in alcoholic beverages, but the application for a license by
such a corporation shall be subject to denial, and the license of such a
corporation shall be subject to revocation or suspension by the authori-
ty pursuant to section one hundred eighteen of this chapter,  consistent
with the provisions of article twenty-three-A of the correction law. For
any  felony  conviction by a court other than a court of this state, the
authority may request the department of corrections and community super-
vision to investigate and review the facts and circumstances  concerning
such  a  conviction,  and such department shall, if so requested, submit
its findings  to  the  authority  as  to  whether  the  corporation  has
conducted  itself  in  a  manner  such  that discretionary review by the
authority would not  be  inconsistent  with  the  public  interest.  The
department  of  corrections  and  community  supervision  may charge the
licensee or applicant a fee equivalent to the expenses of an appropriate
investigation under this subdivision. For any conviction rendered  by  a
court  of  this state, the authority may request the corporation, if the
corporation is eligible for a certificate of RESTORATION, A  CERTIFICATE
OF  relief  from disabilities, to seek such a certificate from the court
which rendered the conviction IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF
THE CORRECTION LAW and to submit such  a  certificate  as  part  of  the
authority's discretionary review process.
  4.  A  copartnership or a corporation, unless each member of the part-
nership, or each of the principal officers and directors of  the  corpo-
ration,  is a citizen of the United States or an alien lawfully admitted
for permanent residence in the United States, not less  than  twenty-one
years  of  age,  and  has not been convicted of any felony or any of the
misdemeanors, specified in  section  eleven  hundred  forty-six  of  the
former  penal  law as in force and effect immediately prior to September
first, nineteen hundred sixty-seven, or of an offense defined in section
230.20 or 230.40 of the penal law, or  if  so  convicted  has  received,
subsequent  to  such  conviction,  an executive pardon therefor removing
this disability, a certificate of RESTORATION OR good conduct granted by
the department of corrections and community supervision,  or  a  certif-
icate   of  relief  from  disabilities  granted  by  the  department  of
corrections and community supervision or a court of this state  pursuant
to  the  provisions  of  article  twenty-three  of the correction law to
remove the disability under this section  because  of  such  conviction;
provided  however  that  a  corporation  which otherwise conforms to the
requirements of this section and chapter may be licensed if each of  its
principal  officers and more than one-half of its directors are citizens
of the United States or aliens lawfully admitted for permanent residence
in the United States; and provided further that a corporation  organized
under  the  not-for-profit  corporation  law  or the education law which
otherwise conforms to the requirements of this section and  chapter  may
be  licensed if each of its principal officers and more than one-half of
its directors are not less than twenty-one years of age and none of  its
directors are less than eighteen years of age; and provided further that
a  corporation organized under the not-for-profit corporation law or the
education law and located on the premises of a  college  as  defined  by

S. 5499                            11

section  two  of  the  education  law  which  otherwise  conforms to the
requirements of this section and chapter may be licensed if each of  its
principal  officers and each of its directors are not less than eighteen
years of age.
  S  19.  Subdivision 4 of section 96-z-3 of the agriculture and markets
law, as amended by section 4 of part LL of chapter 56  of  the  laws  of
2010, 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 a certificate of RESTORATION, A  CERTIFICATE
OF relief from disabilities or a certificate of good conduct pursuant to
article twenty-three of the correction law,
  S 20. Paragraph (d) of subdivision 4 of section 129 of the agriculture
and markets law, as amended by section 5 of part LL of chapter 56 of the
laws of 2010, 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 RESTO-
RATION, A CERTIFICATE OF relief from disabilities or  a  certificate  of
good conduct pursuant to article twenty-three of the correction law;
  S  21.  Paragraph  (c)  of subdivision 2 of section 2897 of the public
health law, as amended by section 21 of part LL of  chapter  56  of  the
laws of 2010, 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 RESTORATION, A CERTIFICATE OF relief from disa-
bilities or a certificate of good conduct pursuant  to  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  22. Section 3454 of the public health law, as amended by section 22
of part LL of chapter 56 of the laws of 2010,  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 RESTORATION, A CERTIFICATE OF relief  from  disabilities  or  a
certificate  of  good  conduct  pursuant  to article twenty-three of the
correction law to remove the disability under this  section  because  of
such  conviction,  the  commissioner  may,  in his OR HER discretion, on
application of such person, and on the  submission  to  him  OR  HER  of
satisfactory  evidence,  restore to such person the right to practice in
this state.
  S 23. Paragraph (a) of subdivision 2 of section  3510  of  the  public
health  law,  as added by chapter 175 of the laws of 2006, is amended to
read as follows:

S. 5499                            12

  (a) No person convicted of a felony shall continue to hold  a  license
to  practice radiologic technology, unless he or she has been granted an
executive pardon, a certificate of RESTORATION, A CERTIFICATE OF  relief
from  disabilities or a certificate of good conduct for such felony and,
the  commissioner,  in his or her discretion, restores the license after
determining that the individual does not pose a threat to patient health
and safety.
  S 24. Paragraph 1 of subdivision (a) of section 189-a of  the  general
municipal  law,  as added by chapter 574 of the laws of 1978, is amended
to read as follows:
  (1) a person convicted of a crime who has not  received  a  pardon,  a
certificate  of  RESTORATION, A CERTIFICATE OF good conduct or a certif-
icate of relief from disabilities;
  S 25. Paragraph (a) of subdivision 1 of section  191  of  the  general
municipal  law, as amended by section 15 of part LL of chapter 56 of the
laws of 2010, 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 RESTO-
RATION, 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, compen-
sation, reward or recompense whatever will  be  paid  or  given  to  any
person  managing, operating or assisting therein except as in this arti-
cle 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 26. Paragraph (a) of subdivision 1 of section  481  of  the  general
municipal  law, as amended by section 17 of part LL of chapter 56 of the
laws of 2010, 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 RESTORATION, 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 arti-
cle 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

S. 5499                            13

and that the aggregate of all prizes offered and given in  all  of  such
games  conducted  on  a  single  occasion,  under said license shall not
exceed the sum or value of three thousand  dollars,  it  shall  issue  a
license  to  the  applicant  for  the conduct of bingo upon payment of a
license fee of eighteen dollars and seventy-five cents  for  each  bingo
occasion;  provided,  however,  that  the governing body shall refuse to
issue a license to an applicant seeking to conduct bingo in premises  of
a licensed commercial lessor where it determines that the premises pres-
ently  owned or occupied by said applicant are in every respect adequate
and suitable for conducting bingo games.
  S 27. Paragraph (a) of subdivision 9 of section  476  of  the  general
municipal  law, as amended by section 16 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
  (a) a person convicted of a crime who has not received a pardon  or  a
certificate of RESTORATION, good conduct or a certificate of relief from
disabilities pursuant to article twenty-three of the correction law;
  S 28. Paragraph b of subdivision 5 of section 84-a of the town law, as
amended  by  section 10 of part LL of chapter 56 of the laws of 2010, 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 RESTORATION, A
CERTIFICATE OF relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law removing my disa-
bility  to  register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS
EXPIRED.
  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  29.  Paragraph b of subdivision 5 of section 175-b of the town law,
as amended by section 11 of part LL of chapter 56 of the laws  of  2010,
is amended to read as follows:

S. 5499                            14

  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 RESTORATION, A
CERTIFICATE OF relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law removing my disa-
bility to register and vote OR MY MAXIMUM SENTENCE OF  IMPRISONMENT  HAS
EXPIRED.
  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 30. Paragraph b of subdivision 5 of section 213-b of the  town  law,
as  amended  by section 12 of part LL of chapter 56 of the laws of 2010,
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

S. 5499                            15

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 RESTORATION, A
CERTIFICATE OF relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law removing my disa-
bility  to  register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS
EXPIRED.
  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  31. Paragraph b of subdivision 5 of section 2018-a of the education
law, as amended by section 8 of part LL of chapter 56  of  the  laws  of
2010, is amended to read as follows:
  b. On the reverse side of such envelope shall be printed the following
statement:

                       STATEMENT OF ABSENTEE VOTER

  I  do declare that I am a citizen of the United States, and will be at
least eighteen years  of  age,  on  the  date  of  the  school  district
election;  that  I  will  have  been a resident of this state and of the
school district and school election  district,  if  any,  shown  on  the
reverse  side  of  this envelope for thirty days next preceding the said
election and duly registered in the school district and school  election
district,  if any, shown on the reverse side of this envelope and that I
am or on such date will be, a qualified voter of said  school  district;
that  I  will  be  unable to appear personally on the day of said school
district election at the polling place of the said district in  which  I
am  or  will  be  a  qualified  voter because of the reason stated on my
application heretofore submitted; that I have not  qualified,  or  do  I
intend  to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used,  any  money  or  other
valuable  thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have  not  made  any
promise to influence the giving or withholding of any such votes; that I
have  not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school  district  election;  and
that  I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the right of suffrage, or  received
a  certificate of RESTORATION, A CERTIFICATE OF relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law removing my disability to register and vote OR MY MAXIMUM
SENTENCE OF IMPRISONMENT HAS EXPIRED.
  I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I  make  any  material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.

S. 5499                            16

  Date.....................Signature of Voter ..........................

  S  32. Paragraph b of subdivision 6 of section 2018-b of the education
law, as amended by section 9 of part LL of chapter 56  of  the  laws  of
2010, 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 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  RESTORATION,  A CERTIFICATE OF relief from
disabilities or a certificate of good conduct pursuant to article  twen-
ty-three  of  the  correction  law  removing my disability to vote OR MY
MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.

  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  33.  Subdivision  2 of section 69-o of the general business law, as
amended by chapter 575 of the laws  of  1993,  is  amended  to  read  as
follows:
  2.  (A)  After  the  filing  of  an applicant's fingerprint cards, the
secretary of state shall forward such fingerprints to  the  division  of
criminal  justice  services to be compared with the fingerprints on file
with the division of criminal justice services  in  order  to  ascertain
whether  the  applicant  has been convicted of a felony involving fraud,
bribery, perjury or theft pursuant to article  one  hundred  forty,  one
hundred  fifty-five,  one  hundred  sixty,  one  hundred sixty-five, one
hundred seventy, one hundred seventy-five, one hundred seventy-six,  one
hundred eighty, one hundred eighty-five, one hundred ninety, one hundred

S. 5499                            17

ninety-five,  two  hundred or two hundred ten of the penal law; or has a
criminal action which has been pending for such a felony for  under  one
year  without  a  final disposition unless adjourned in contemplation of
dismissal;  provided,  however,  that  for the purposes of this article,
none of the  following  shall  be  considered  criminal  convictions  or
reported as such:
  [(a)] (I) A conviction which has been vacated and replaced by a youth-
ful  offender  finding  pursuant  to article seven hundred twenty of the
criminal procedure law, or the applicable provisions of law of any other
jurisdiction; or
  [(b)] (II) A conviction the records of which  have  been  expunged  or
sealed  pursuant  to the applicable provisions of the laws of this state
or of any other jurisdiction; or
  [(c)] (III) A conviction for which a  certificate  of  RESTORATION,  A
CERTIFICATE OF relief from disabilities or a certificate of good conduct
has been issued pursuant to ARTICLE TWENTY-THREE OF the correction law.
  (B) The division of criminal justice services shall retain the finger-
print  cards and return the report of such convictions or pending cases,
if any, to the secretary of state who shall retain them in  a  confiden-
tial  file for no more than one year, after which time such report shall
be destroyed.
  (C) The secretary of state shall deny the application of any  individ-
ual  convicted  of  a  felony involving fraud, bribery, perjury or theft
pursuant to article one  hundred  forty,  one  hundred  fifty-five,  one
hundred  sixty, one hundred sixty-five, one hundred seventy, one hundred
seventy-five, one hundred seventy-six, one hundred eighty,  one  hundred
eighty-five, one hundred ninety, one hundred ninety-five, two hundred or
two  hundred  ten  of  the penal law; or has a criminal action which has
been pending for such a felony for under one year without a final dispo-
sition unless adjourned in contemplation of dismissal; provided,  howev-
er,  that  for the purposes of this article, none of the following shall
be considered criminal convictions or reported as such:
  (i) A conviction which has been vacated and  replaced  by  a  youthful
offender  finding pursuant to article seven hundred twenty of the crimi-
nal procedure law, or the applicable provisions  of  law  of  any  other
jurisdiction; or
  (ii)  A  conviction  the records of which have been expunged or sealed
pursuant to the applicable provisions of the laws of this  state  or  of
any other jurisdiction; or
  (iii) A conviction for which a certificate of RESTORATION, relief from
disabilities  or  a certificate of good conduct has been issued pursuant
to ARTICLE TWENTY-THREE OF the correction law.
  S 34. Subdivision 2 of section 74 of  the  general  business  law,  as
amended  by chapter 680 of the laws of 1967, paragraph (g) as amended by
chapter 232 of the laws of 2010 and paragraph (h) as amended by  section
13  of  part LL of chapter 56 of the laws of 2010, is amended to read as
follows:
  2. Except as hereinafter in this subdivision provided, no such license
shall be issued to any person 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  dangerous  weapon; (b) making or possessing burglar's instru-
ments; (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 subdivision six of section seven  hundred  twenty-two  of  the

S. 5499                            18

former  penal  law as in force and effect immediately prior to September
first, nineteen hundred sixty-seven,  or  violating  section  165.25  or
165.30  of the penal law; (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, subsequent to his conviction, shall have received executive  pardon
therefor  removing this disability, or who has received a CERTIFICATE OF
RESTORATION, A certificate of relief from disabilities or a  certificate
of  good  conduct pursuant to 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  35.  Subdivision  1  of  section 81 of the general business law, as
amended by section 14 of part LL of chapter 56 of the laws of  2010,  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  article,  and  who has not subsequent to such conviction
received executive pardon therefor removing this disability, or received
a certificate of RESTORATION, relief from disabilities or a  certificate
of  good  conduct pursuant to 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  36.  Paragraph 4 of subsection (d) of section 2108 of the insurance
law, as amended by section 18 of part LL of chapter 56 of  the  laws  of
2010, 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 RESTORATION, relief from disabilities or a
certificate of good conduct pursuant  to  article  twenty-three  of  the

S. 5499                            19

correction  law  to  remove the disability under this section because of
such conviction or previous license revocation occasioned thereby.
  S  37.  Subdivision 6 of section 369 of the banking law, as amended by
chapter 164 of the laws of 2003 and paragraph (b) as amended by  section
6  of  part  LL of chapter 56 of the laws of 2010, is amended to read as
follows:
  6. The superintendent may refuse to issue a license pursuant  to  this
article  if  he  shall  find  that the applicant, or any person who is a
director, officer, partner, agent, employee or  substantial  stockholder
of  the applicant, (a) has been convicted of a crime in any jurisdiction
or (b) is associating or consorting with any person who has, or  persons
who  have,  been  convicted  of a crime or crimes in any jurisdiction or
jurisdictions; provided, however,  that  the  superintendent  shall  not
issue  such a license if he shall find that the applicant, or any person
who is a director, officer,  partner,  agent,  employee  or  substantial
stockholder  of  the  applicant,  has  been convicted of a felony in any
jurisdiction or of a crime which, if committed within this state,  would
constitute  a  felony  under  the laws thereof. For the purposes of this
article, a person shall be deemed to have been convicted of a  crime  if
such person shall have pleaded guilty to a charge thereof before a court
or  magistrate,  or shall have been found guilty thereof by the decision
or judgment of a court or magistrate or by the verdict of a jury,  irre-
spective  of  the  pronouncement  of sentence or the suspension thereof,
unless such plea of guilty, or such decision, judgment or verdict, shall
have been set aside, reversed or otherwise abrogated by lawful  judicial
process  or unless the person convicted of the crime shall have received
a pardon therefor from the president of the United States or the  gover-
nor   or  other  pardoning  authority  in  the  jurisdiction  where  the
conviction was had, or shall have received a certificate of RESTORATION,
relief from disabilities or a certificate of good  conduct  pursuant  to
article  twenty-three  of  the  correction  law to remove the disability
under this article 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  stock-
holder.  In  making  a  determination  pursuant to this subdivision, the
superintendent shall require fingerprinting of the applicant. Such fing-
erprints 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 38. 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 RESTORATION OR good
conduct has been issued [pursuant to section seven  hundred  three-b  of
the correction law].
  S  39. Section 751 of the correction law, as amended by chapter 284 of
the laws of 2007, is amended to read as follows:
  S 751. Applicability. The provisions of this article  shall  apply  to
any  application by any person for a license or employment at any public

S. 5499                            20

or private employer, who has previously been convicted of  one  or  more
criminal offenses in this state or in any other jurisdiction, and to any
license or employment held by any person whose conviction of one or more
criminal  offenses  in  this state or in any other jurisdiction preceded
such employment or granting of  a  license,  except  where  a  mandatory
forfeiture,  disability  or bar to employment is imposed by law, and has
not been removed by an executive pardon, OR A  certificate  of  RESTORA-
TION,  relief  from disabilities or certificate of good conduct. Nothing
in this article shall be construed to affect any right an  employer  may
have with respect to an intentional misrepresentation in connection with
an  application  for employment made by a prospective employee or previ-
ously made by a current employee.
  S 40. Subdivision 2 of section 753 of the correction law, as added  by
chapter 931 of the laws of 1976, is amended to read as follows:
  2.  In making a determination pursuant to section seven hundred fifty-
two of this [chapter] ARTICLE, the public  agency  or  private  employer
shall  also  give  consideration to a certificate of RESTORATION, relief
from disabilities or a certificate of good conduct issued to the  appli-
cant,  which certificate shall create a presumption of rehabilitation in
regard to the offense or offenses specified therein.
  S 41. The closing paragraph of subdivision 4 of section  79-a  of  the
civil  rights  law,  as amended by section 7 of part LL of chapter 56 of
the laws of 2010, is amended to read as follows:
  5. Nothing in this section shall be deemed to preclude the issuance of
a certificate of relief from disabilities, CERTIFICATE OF RESTORATION or
a certificate of good conduct pursuant to article  twenty-three  of  the
correction  law  to a person who previously has been sentenced to impri-
sonment for life.
  S 42. The first undesignated paragraph of section 440-a  of  the  real
property  law,  as amended by section 23 of part LL of chapter 56 of the
laws of 2010, 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 RESTORATION, relief from
disabilities or a certificate of good conduct pursuant to article  twen-
ty-three  of  the  correction  law,  to remove the disability under this
section because of such conviction. No person shall  be  entitled  to  a

S. 5499                            21

license as a real estate broker or real estate salesman under this arti-
cle  who  does not meet the requirements of section 3-503 of the general
obligations law.
  S 43. Paragraph (a) of subdivision 1 of section 20-438 of the adminis-
trative code of the city of New York is amended to read as follows:
  (a)  Issuance of licenses to conduct games of chance.  If such depart-
ment shall determine that the applicant is duly qualified to be licensed
to conduct games of chance under this subchapter; that  the  members  of
the  applicant  designated in the application to conduct 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 or a certificate of RESTORATION  OR  A
CERTIFICATE  OF  good  conduct;  that  such games are to be conducted in
accordance with the provisions of this subchapter and in accordance with
the rules and regulations of the board and that the proceeds thereof are
to be disposed of as provided by this subchapter; and if such department
is satisfied that no commission, salary, compensation, reward or  recom-
pense 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 subchapter otherwise provided; and that  no
prize will be given in excess of the sum or value of one hundred dollars
in  any  single  game  and that the aggregate of all prizes given on one
occasion, under said license shall not exceed the sum or  value  of  one
thousand  dollars, the department 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  44.  Paragraph  (a)  of subdivision 5 of section 2806 of the public
health law, as amended by section 20 of part LL of  chapter  56  of  the
laws of 2010, 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  RESTORATION,
relief  from disabilities or a certificate of good conduct issued pursu-
ant to article twenty-three  of  the  correction  law  to  the  contrary
notwithstanding,  a  hospital  operating certificate of a hospital under
control of a controlling person as defined in paragraph (a) of  subdivi-
sion  twelve  of  section twenty-eight hundred one-a of this 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 certificate 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 office of temporary and disability assistance or in
violation of the public officers law in a court of  competent  jurisdic-
tion  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 regu-
lations, supervision, or administration of  the  department  or  of  the
office  of  temporary  and  disability assistance or in violation of the
public officers law.
  S 45. Subdivision 5 of section 530 of the vehicle and traffic law,  as
amended  by  section 31 of part LL of chapter 56 of the laws of 2010, 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

S. 5499                            22

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 RESTORATION, relief from
disabilities or a certificate of good conduct issued pursuant to article
twenty-three of the correction law, a restricted use license  shall  not
be  valid  for the operation of a commercial motor vehicle. A restricted
use license shall not be valid for the operation of a vehicle  for  hire
as a taxicab, livery, coach, limousine, van or wheelchair accessible van
or  tow  truck  where  the holder thereof had his or her drivers license
suspended or revoked and (i) such suspension or revocation is  mandatory
pursuant  to  the provisions of subdivision two or two-a of section five
hundred ten of this title; or (ii) any such suspension is permissive for
habitual or persistent violations of  this  chapter  or  any  local  law
relating  to  traffic  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  permissive 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 title.
  S  46.  Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by section 32 of part LL of chapter 56 of the laws of 2010,  is  amended
to read as follows:
  (ii)  that such person is granted a certificate of RESTORATION, relief
from disabilities or a certificate 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 47. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by section 34 of part  LL  of
chapter 56 of the laws of 2010, is amended to read as follows:
  (1)  Notwithstanding  anything  to the contrary contained in a certif-
icate of RESTORATION, 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 48. Item (iii) of clause (e) of subparagraph 12 of paragraph (b)  of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by  section  33 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
  (iii) after such documentation is accepted, that such person is grant-
ed a certificate of RESTORATION, relief from disabilities or  a  certif-
icate of good conduct pursuant to article twenty-three of the correction
law.

S. 5499                            23

  S  49.  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 section 35 of part LL of chapter 56 of the laws of 2010,  is  amended
to read as follows:
  (iii) after such documentation is accepted, that such person is grant-
ed  a  certificate of RESTORATION, relief from disabilities or a certif-
icate of good conduct pursuant to article twenty-three of the correction
law.
  S 50. 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  section  37 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
  (iii) after such documentation is accepted, that such person is grant-
ed a certificate of RESTORATION, relief from disabilities or  a  certif-
icate of good conduct pursuant to article twenty-three of the correction
law by the court in which such person was last penalized.
  S  51.  Paragraph  (g) of subdivision 7 of section 1196 of the vehicle
and traffic law, as amended by section 38 of part LL of  chapter  56  of
the laws of 2010, is amended to read as follows:
  (g)  Notwithstanding  anything  to the contrary contained in a certif-
icate of RESTORATION, 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  52.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law provided, however, that the  amendments
to  subdivision  5 of section 530 of the vehicle and traffic law made by
section forty-five of this act shall not affect the expiration  of  such
subdivision and shall be deemed to expire therewith.