S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4592
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes
 
 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:
   § 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.
                                                            LBD08087-01-9
              

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   (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  informations, filed in the same court prior to entry of judg-
 ment under any of them, shall be deemed to be one conviction; and
   (c) A plea or a verdict of gulity 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.]
   §  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:
   § 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

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 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. ANY CERTIFICATE OF RELIEF FROM
 DISABILITIES OR CERTIFICATE OF GOOD CONDUCT ISSUED PRIOR TO  THE  EFFEC-
 TIVE  DATE  OF  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  NINETEEN  THAT ADDED THIS SUBDIVISION SHALL BE READ TO INVALI-
 DATE A CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF  GOOD
 CONDUCT  ISSUED  PRIOR  TO  THE EFFECTIVE DATE OF THIS SUBDIVISION ON OR
 AFTER SUCH EFFECTIVE DATE.
   § 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:
   § 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] WHEN
 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
 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

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 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 OR HERSELF, 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
 confidentiality, or any other portion thereof, disclosure of which would
 not  be  in  the  interest of justice. The action of the court excepting
 information 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.
   § 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:
   § 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;
   (b) any eligible offender who resides  within  this  state  and  whose
 judgment  of  conviction  was rendered by a court in any other jurisdic-
 tion.

 A. 4592                             5
 
   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, unless]  RESTORA-
 TION WHEN 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) TWO YEARS HAVE ELAPSED SINCE RELEASE FROM CUSTODY FOR PERSONS WITH
 A  PRIOR  FELONY  CONVICTION SENTENCED PURSUANT TO SECTION 70.04, 70.06,
 70.07, 70.08 OR 70.10 OF THE PENAL LAW.
   4. Any certificate of [relief from disabilities] RESTORATION issued by
 the department to an eligible offender who at time of  the  issuance  of
 the  certificate  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
 conditions  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.
   § 5. Sections 703-a and 703-b of the correction law are REPEALED.
   § 6. Section 704 of the correction law, as added by chapter 654 of the
 laws of 1966, is amended to read as follows:
   § 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.
   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.

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   §  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:
   §  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.
   § 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.
   § 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.
   § 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;
   § 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-
 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-

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 factory evidence of good moral character and suitability, again register
 such person as a distributor under this article.
   §  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.
   §  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
 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

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 school children to the  applicant's  prospective  employment,  prior  to
 granting such a certificate; or
   §  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.
   § 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.
   §  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
   (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-

 A. 4592                             9
 
 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.
   §  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.
   § 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
 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.

 A. 4592                            10
 
   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
 section  two  of  the  education  law  which  otherwise  conforms to the
 requirements of this section and chapter may be licensed if each of  its

 A. 4592                            11
 
 principal  officers and each of its directors are not less than eighteen
 years of age.
   §  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,
   § 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;
   §  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.
   §  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:
   §  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.
   § 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:
   (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

 A. 4592                            12
 
 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.
   §  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;
   §  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.
   §  26.  Paragraph  (a)  of subdivision 1 of section 481 of the general
 municipal law, as amended by section 5 of part MM of chapter 59  of  the
 laws of 2017, is amended to read as follows:
   (a)  Issuance  of  licenses to conduct bingo. If the governing body of
 the municipality determines 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 char-
 acter  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 of bingo 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 what so ever will be paid or given to
 any person holding, operating or conducting or assisting in the holding,
 operation and conduct of any such games of bingo 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 five 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

 A. 4592                            13
 
 exceed  the  sum  or value of fifteen thousand dollars, then the munici-
 pality 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  such  governing  body
 determines  that the premises presently owned or occupied by such appli-
 cant are in every respect adequate and  suitable  for  conducting  bingo
 games.
   §  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;
   § 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..................
   § 29. 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:

 A. 4592                            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 ..............................
   § 30. 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

 A. 4592                            15
 
 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.
 
   Date.....................Signature of Voter ..........................
 
   §  31. 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.

 A. 4592                            16
 
   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 ...........................
 
   §  32.  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
 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

 A. 4592                            17
 
   (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.
   § 33. 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
 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.
   § 34. 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

 A. 4592                            18
 
 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.
   §  35.  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
 correction  law  to  remove the disability under this section because of
 such conviction or previous license revocation occasioned thereby.
   § 36. 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-

 A. 4592                            19

 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.
   § 37. 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].
   §  38. Section 751 of the correction law, as amended by chapter 284 of
 the laws of 2007, is amended to read as follows:
   § 751. Applicability. The provisions of this article  shall  apply  to
 any  application by any person for a license or employment at any public
 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.
   § 39. 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.
   § 40. 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.
   § 41. 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-

 A. 4592                            20
 
 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
 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.
   § 42. 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.
   § 43. 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

 A. 4592                            21
 
 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.
   § 44. 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
 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.
   §  45.  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.

 A. 4592                            22
 
   § 46. 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.
   § 47. 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.
   §  48.  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.
   § 49. 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.
   §  50.  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.
   §  51.  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-four of this act shall not affect the expiration  of  such
 subdivision and shall be deemed to expire therewith.