Relates to the denial of an application for a license to install, service or maintain security or fire alarm systems submitted by persons convicted of certain felonies; increases the period of a license suspension.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4526
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the general business law, in relation to the denial of
an application for a license to install, service or maintain security or
fire alarm systems submitted by persons convicted of certain felonies
and increasing the period of a license suspension
PURPOSE OR GENERAL IDEA OF BILL:
This bill will expand which felony convictions that may be used to deny
an application for a security or fire alarm installer license including
out of state convictions.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends section 69-o of the general business law
as it relates to including felony convictions outside of New York and
felony convictions related to the performance of the duties of an alarm
installer.
Section two of the bill amends section 69-s of the general business law
as it relates to increasing the length of license suspension to at least
five years.
Section three of the bill relates to the effective date.
JUSTIFICATION:
Licensed security and fire alarm installers perform an important func-
tion by installing equipment that protects the safety of residents. As
part of the important role they play in personal safety, they have
access to customers' homes and private information because of the nature
of their business. It is critical that the Department fully review the
criminal background of individuals applying for a license as an alarm
installer.
There was a recent example of a licensed alarm installer that was
convicted of a crime related to the business of alarm installation.
Although there was a direct correlation between the crime and the
profession of alarm installation, the law was unclear about whether
their license could be revoked because it was a federal crime. This bill
would strengthen the Department authority in regulating licensed alarm
installers and applicants regarding their criminal history. It appropri-
ately amends the law to include felonies related to the performance of
their duties and felonies in other territories which aligns with the
standards in other licensed professions.
PRIOR LEGISLATIVE HISTORY:
A.893 of 2021-22,
A.6519 of 2019-20.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
4526
2023-2024 Regular Sessions
IN ASSEMBLY
February 16, 2023
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Economic Development
AN ACT to amend the general business law, in relation to the denial of
an application for a license to install, service or maintain security
or fire alarm systems submitted by persons convicted of certain felo-
nies and increasing the period of a license suspension
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 69-o of the
2 general business law, as amended by chapter 575 of the laws of 1993, is
3 amended to read as follows:
4 (c) A conviction for which a certificate of relief from disabilities
5 or a certificate of good conduct has been issued pursuant to the
6 correction law.
7 The division of criminal justice services shall retain the fingerprint
8 cards and return the report of such convictions or pending cases, if
9 any, to the secretary of state who shall retain them in a confidential
10 file for no more than one year, after which time such report shall be
11 destroyed.
12 The secretary of state shall deny the application of any individual
13 convicted in this state or any other state or territory of a felony,
14 which in the discretion of such secretary, bears a relationship to the
15 performance of the duties of an alarm installer; or involving fraud,
16 bribery, perjury or theft pursuant to article one hundred forty, one
17 hundred fifty-five, one hundred sixty, one hundred sixty-five, one
18 hundred seventy, one hundred seventy-five, one hundred seventy-six, one
19 hundred eighty, one hundred eighty-five, one hundred ninety, one hundred
20 ninety-five, two hundred or two hundred ten of the penal law; or has a
21 criminal action which has been pending for such a felony for under one
22 year without a final disposition unless adjourned in contemplation of
23 dismissal; provided, however, that for the purposes of this article,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03222-01-3
A. 4526 2
1 none of the following shall be considered criminal convictions or
2 reported as such:
3 (i) A conviction which has been vacated and replaced by a youthful
4 offender finding pursuant to article seven hundred twenty of the crimi-
5 nal procedure law, or the applicable provisions of law of any other
6 jurisdiction; or
7 (ii) A conviction the records of which have been expunged or sealed
8 pursuant to the applicable provisions of the laws of this state or of
9 any other jurisdiction; or
10 (iii) A conviction for which a certificate of relief from disabilities
11 or a certificate of good conduct has been issued pursuant to the
12 correction law.
13 § 2. Subdivision 2 of section 69-s of the general business law, as
14 amended by chapter 575 of the laws of 1993, is amended to read as
15 follows:
16 2. Whenever the license to engage in the business of installing,
17 servicing or maintaining security or fire alarm systems is revoked, such
18 license shall not be reinstated or reissued until after the expiration
19 of a period of at least five years from the date of such revocation.
20 § 3. This act shall take effect on the thirtieth day after it shall
21 have become a law. Effective immediately the addition, amendment and/or
22 repeal of any rule or regulation necessary for the implementation of
23 this act on its effective date are authorized to be made and completed
24 on or before such date.
