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A03664 Summary:

A03664 Actions:

A03664 Floor Votes:

A03664 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3664--B
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2009
                                       ___________
 
        Introduced by M. of A. AUBRY, BENJAMIN -- Multi-Sponsored by -- M. of A.
          COOK,  GOTTFRIED,  JACOBS, JEFFRIES, McENENY, MILLMAN, ORTIZ, PERRY --
          read once and referred to the Committee on  Correction  --  passed  by
          Assembly  and  delivered to the Senate, recalled from the Senate, vote
          reconsidered, bill amended, ordered reprinted, retaining its place  on

          the  order  of  third  reading  --  recommitted  to  the  Committee on
          Correction in accordance with Assembly Rule 3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the penal law, the executive law, the alcoholic beverage
          control  law,  the  agriculture  and markets law, the banking law, the
          civil rights law, the education law, the town law, the  general  busi-
          ness  law,  the  general  municipal law, the insurance law, the public
          health law, the real property law, the tax law, and  the  vehicle  and
          traffic  law,  in relation to certificates of relief from disabilities
          and certificates of good conduct
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section 1. Paragraph 5 of subdivision a of section 265.20 of the penal
     2  law,  as  amended by chapter 235 of the laws of 2007, is amended to read
     3  as follows:
     4    5. Possession of a rifle or shotgun by a person other  than  a  person
     5  who  has  been  convicted  of  a  class  A-I  felony or a violent felony
     6  offense, as defined in subdivision one of section 70.02 of this chapter,
     7  who has been convicted as  specified  in  subdivision  four  of  section
     8  265.01  to  whom  a certificate of relief from disabilities or a certif-
     9  icate of good conduct has been issued pursuant to [section seven hundred
    10  three-b] article twenty-three of the correction law.
    11    § 2. Section 130 of the executive law, as amended by  chapter  680  of
    12  the  laws of 1967 and the opening paragraph as amended by chapter 673 of

    13  the laws of 2002, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04436-04-0
        A. 3664--B                          2
 
     1    § 130. Appointment of notaries public. 1. The secretary of  state  may
     2  appoint and commission as many notaries public for the state of New York
     3  as  in  his or her judgment may be deemed best, whose jurisdiction shall
     4  be co-extensive with the boundaries of the state. The appointment  of  a
     5  notary  public  shall be for a term of four years. An application for an
     6  appointment as notary public shall be in form and set forth such matters
     7  as the secretary of state shall prescribe.  Every  person  appointed  as

     8  notary  public must, at the time of his or her appointment, be a citizen
     9  of the United States and either a resident of the state of New  York  or
    10  have  an  office or place of business in New York state. A notary public
    11  who is a resident of the state and who moves out of the state but  still
    12  maintains  a  place  of business or an office in New York state does not
    13  vacate his or her office as a notary public. A notary public  who  is  a
    14  nonresident  and  who  ceases  to have an office or place of business in
    15  this state, vacates his or her office  as  a  notary  public.  A  notary
    16  public  who  is  a resident of New York state and moves out of the state
    17  and who does not retain an office or place of  business  in  this  state
    18  shall  vacate  his  or her office as a notary public. A non-resident who
    19  accepts the office of notary public in this state thereby  appoints  the

    20  secretary  of state as the person upon whom process can be served on his
    21  or her behalf. Before issuing to any applicant a  commission  as  notary
    22  public,  unless  he  or  she  be  an attorney and counsellor at law duly
    23  admitted to practice in this state or a court clerk of the unified court
    24  system who has been appointed to such  position  after  taking  a  civil
    25  service promotional examination in the court clerk series of titles, the
    26  secretary  of  state shall satisfy himself or herself that the applicant
    27  is of good moral character, has the equivalent of a common school educa-
    28  tion and is familiar with the duties and responsibilities  of  a  notary
    29  public;  provided,  however,  that where a notary public applies, before
    30  the expiration of his or her term, for  reappointment  with  the  county
    31  clerk  or  where a person whose term as notary public shall have expired

    32  applies within six months  thereafter  for  reappointment  as  a  notary
    33  public with the county clerk, such qualifying requirements may be waived
    34  by  the  secretary of state, and further, where an application for reap-
    35  pointment is filed with the county clerk after  the  expiration  of  the
    36  aforementioned  renewal  period  by a person who failed or was unable to
    37  re-apply by reason of his or her induction or enlistment  in  the  armed
    38  forces  of  the  United States, such qualifying requirements may also be
    39  waived by the secretary of state, provided such  application  for  reap-
    40  pointment  is  made  within  a  period  of  one  year after the military
    41  discharge of the applicant under conditions other than dishonorable.  In
    42  any  case,  the  appointment or reappointment of any applicant is in the
    43  discretion of the secretary of state. The secretary of state may suspend

    44  or remove from office, for misconduct, any notary  public  appointed  by
    45  him  or  her  but no such removal shall be made unless the person who is
    46  sought to be removed shall have been served with a copy of  the  charges
    47  against  him  or  her  and have an opportunity of being heard. No person
    48  shall be appointed as a notary public under this article  who  has  been
    49  convicted, in this state or any other state or territory, of a felony or
    50  any of the following offenses, to wit:
    51    (a)  Illegally using, carrying or possessing a pistol or other danger-
    52  ous weapon; (b) making or possessing burglar's instruments;  (c)  buying
    53  or  receiving  or  criminally  possessing  stolen property; (d) unlawful
    54  entry of a building; (e)  aiding  escape  from  prison;  (f)  unlawfully
    55  possessing  or  distributing habit forming narcotic drugs; (g) violating

    56  sections two hundred seventy, two hundred seventy-a, two hundred  seven-
        A. 3664--B                          3
 
     1  ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
     2  ty-five,  two  hundred  seventy-six,  five  hundred  fifty, five hundred
     3  fifty-one, five hundred fifty-one-a and subdivisions six, eight, ten  or
     4  eleven of section seven hundred twenty-two of the former penal law as in
     5  force  and effect immediately prior to September first, nineteen hundred
     6  sixty-seven, or violating sections 165.25, 165.30,  subdivision  one  of
     7  section 240.30, subdivision three of section 240.35 of the penal law, or
     8  violating  sections  four  hundred  seventy-eight, four hundred seventy-
     9  nine, four hundred eighty, four hundred eighty-one, four hundred  eight-
    10  y-four,  four  hundred  eighty-nine  and  four hundred ninety-one of the

    11  judiciary law; or (h) vagrancy or prostitution, and who has  not  subse-
    12  quent  to  such  conviction  received  an executive pardon therefor or a
    13  certificate of relief from disabilities or a certificate of good conduct
    14  [from  the  parole  board]  pursuant  to  article  twenty-three  of  the
    15  correction  law  to  remove the disability under this section because of
    16  such conviction.
    17    2. A person regularly admitted to practice as an attorney and counsel-
    18  lor in the courts of record of this state, whose office for the practice
    19  of law is within the state, may be appointed a notary public and  retain
    20  his office as such notary public although he resides in or removes to an
    21  adjoining  state.  For the purpose of this and the following sections of
    22  this article such person shall be deemed a resident of the county  where

    23  he maintains such office.
    24    §  3. Subdivision 3 of section 175 of the executive law, as amended by
    25  chapter 43 of the laws of 2002, is amended to read as follows:
    26    3. Upon a showing by the attorney general in  an  application  for  an
    27  injunction that any person engaged in solicitation has been convicted in
    28  this  state  or  elsewhere of a felony or of a misdemeanor involving the
    29  misappropriation, misapplication or misuse of the money or  property  of
    30  another, and who has not, subsequent to such conviction, received execu-
    31  tive  pardon  therefor or a certificate of relief from disabilities or a
    32  certificate of good conduct [from the parole board] pursuant to  article
    33  twenty-three  of the correction law, the supreme court, after a hearing,
    34  may enjoin such person from engaging in any solicitation.

    35    § 4. The opening paragraph of subdivision 2  of  section  102  of  the
    36  alcoholic beverage control law, as amended by chapter 340 of the laws of
    37  1972, is amended to read as follows:
    38    No  person holding any license hereunder, other than a license to sell
    39  an alcoholic beverage at  retail  for  off-premises  consumption,  shall
    40  knowingly employ in connection with his business in any capacity whatso-
    41  ever,  any  person,  who  has  been convicted of a felony, or any of the
    42  following offenses, who has not subsequent to such  conviction  received
    43  an  executive  pardon  therefor removing any civil disabilities incurred
    44  thereby, a certificate of relief from disabilities or a  certificate  of
    45  good  conduct pursuant to article twenty-three of the correction law, or
    46  other relief from disabilities provided by law, or the written  approval

    47  of the state liquor authority permitting such employment, to wit:
    48    §  5.  Subdivision  4 of section 96-z-3 of the agriculture and markets
    49  law, as added by chapter 391 of the laws of 1968, is amended to read  as
    50  follows:
    51    (4)  applicant,  an  officer,  director, partner, or holder of ten per
    52  centum or more of the voting stock of an applicant has been convicted of
    53  a felony by a court of the United States or any state or territory ther-
    54  eof, without subsequent pardon by  the  governor  or  other  appropriate
    55  authority  of  the  state  or  jurisdiction  in  which  such  conviction
    56  occurred, or the receipt of [either] a certificate of relief from  disa-
        A. 3664--B                          4
 
     1  bilities  or  a  certificate  of good conduct [from the board of parole]

     2  pursuant to [the executive law] article twenty-three of  the  correction
     3  law,
     4    §  6. Paragraph (d) of subdivision 4 of section 129 of the agriculture
     5  and markets law, as added by chapter 816 of the laws of 1974, is amended
     6  to read as follows:
     7    (d) The applicant or registrant, or an officer, director,  partner  or
     8  holder of ten per centum or more of the voting stock of the applicant or
     9  registrant,  has  been  convicted  of  a felony by a court of the United
    10  States or any state or territory thereof, without subsequent  pardon  by
    11  the governor or other appropriate authority of the state or jurisdiction
    12  in which such conviction occurred, or receipt of a certificate of relief
    13  from  disabilities  or  a certificate of good conduct [from the board of

    14  parole] pursuant to article twenty-three of the correction law;
    15    § 7. Paragraph (b) of subdivision 6 of section 369 of the banking law,
    16  as amended by chapter 164 of the laws of 2003, is  amended  to  read  as
    17  follows:
    18    (b)  is  associating or consorting with any person who has, or persons
    19  who have, been convicted of a crime or crimes  in  any  jurisdiction  or
    20  jurisdictions;  provided,  however,  that  the  superintendent shall not
    21  issue such a license if he shall find that the applicant, or any  person
    22  who  is  a  director,  officer,  partner, agent, employee or substantial
    23  stockholder of the applicant, has been convicted  of  a  felony  in  any
    24  jurisdiction  or of a crime which, if committed within this state, would
    25  constitute a felony under the laws thereof. For  the  purposes  of  this

    26  article,  a  person shall be deemed to have been convicted of a crime if
    27  such person shall have pleaded guilty to a charge thereof before a court
    28  or magistrate, or shall have been found guilty thereof by  the  decision
    29  or  judgment of a court or magistrate or by the verdict of a jury, irre-
    30  spective of the pronouncement of sentence  or  the  suspension  thereof,
    31  unless such plea of guilty, or such decision, judgment or verdict, shall
    32  have  been set aside, reversed or otherwise abrogated by lawful judicial
    33  process or unless the person convicted of the crime shall have  received
    34  a  pardon therefor from the president of the United States or the gover-
    35  nor  or  other  pardoning  authority  in  the  jurisdiction  where   the
    36  conviction  was had, or shall have received a certificate of relief from

    37  disabilities or a certificate of good conduct [granted by the  board  of
    38  parole]  pursuant to [the provisions of the executive law] article twen-
    39  ty-three of the correction law to remove the disability under this arti-
    40  cle because of such conviction. The term "substantial  stockholder,"  as
    41  used in this subdivision, shall be deemed to refer to a person owning or
    42  controlling ten per centum or more of the total outstanding stock of the
    43  corporation  in which such person is a stockholder. In making a determi-
    44  nation pursuant to this subdivision, the  superintendent  shall  require
    45  fingerprinting of the applicant. Such fingerprints shall be submitted to
    46  the  division  of criminal justice services for a state criminal history
    47  record check, as defined in subdivision one of  section  three  thousand

    48  thirty-five  of  the  education law, and may be submitted to the federal
    49  bureau of investigation for a national criminal history record check.
    50    § 8. Subdivision 4 of section 79-a of the civil rights law, as amended
    51  by chapter 687 of the laws of 1973, is amended to read as follows:
    52    4. This section shall not apply to a person sentenced to  imprisonment
    53  for  an indeterminate term, having a minimum of one day and a maximum of
    54  his natural life.
    55    Nothing in this section shall be deemed to preclude the issuance of  a
    56  certificate of relief from disabilities or a certificate of good conduct
        A. 3664--B                          5
 
     1  [by  the  board  of  parole]  pursuant  to  article  twenty-three of the
     2  correction law to a person who previously has been sentenced  to  impri-

     3  sonment for life.
     4    §  9.  Paragraph b of subdivision 5 of section 2018-a of the education
     5  law, as amended by chapter 506 of the laws of 1991, is amended  to  read
     6  as follows:
     7    b. On the reverse side of such envelope shall be printed the following
     8  statement:
 
     9                         STATEMENT OF ABSENTEE VOTER
 
    10    I  do declare that I am a citizen of the United States, and will be at
    11  least eighteen years  of  age,  on  the  date  of  the  school  district
    12  election;  that  I  will  have  been a resident of this state and of the
    13  school district and school election  district,  if  any,  shown  on  the
    14  reverse  side  of  this envelope for thirty days next preceding the said
    15  election and duly registered in the school district and school  election
    16  district,  if any, shown on the reverse side of this envelope and that I

    17  am or on such date will be, a qualified voter of said  school  district;
    18  that  I  will  be  unable to appear personally on the day of said school
    19  district election at the polling place of the said district in  which  I
    20  am  or  will  be  a  qualified  voter because of the reason stated on my
    21  application heretofore submitted; that I have not  qualified,  or  do  I
    22  intend  to vote, elsewhere than as set forth on the reverse side of this
    23  envelope; that I have not received or offered, do not expect to receive,
    24  have not paid, offered or promised to pay, contributed, offered or prom-
    25  ised to contribute to another to be paid or used,  any  money  or  other
    26  valuable  thing, as a compensation or reward for the giving or withhold-
    27  ing of a vote at this school district election, and have  not  made  any
    28  promise to influence the giving or withholding of any such votes; that I

    29  have  not made or become directly or indirectly interested in any bet or
    30  wager depending upon the result of this school  district  election;  and
    31  that  I have not been convicted of bribery or any infamous crime, or, if
    32  so convicted, that I have been pardoned or restored to all the rights of
    33  a citizen, without restriction as to the right of suffrage, or  received
    34  a  certificate  of  relief  from  disabilities  or a certificate of good
    35  conduct [granted by the board of parole] pursuant to [the provisions  of
    36  the  executive]  article  twenty-three of the correction law removing my
    37  disability to register and vote.
    38    I hereby declare that the foregoing is a true statement to the best of
    39  my knowledge and belief, and I understand that if I  make  any  material

    40  false statement in the foregoing statement of absentee voter, I shall be
    41  guilty of a misdemeanor.
 
    42    Date.....................Signature of Voter ..........................
 
    43    §  10. Paragraph b of subdivision 6 of section 2018-b of the education
    44  law, as amended by chapter 46 of the laws of 1992, is amended to read as
    45  follows:
    46    b. On the reverse side of such envelope shall be printed the following
    47  statement:
 
    48                         STATEMENT OF ABSENTEE VOTER
 
    49    I do declare that I am a citizen of the United States, and will be  at
    50  least eighteen years of age on the date of the school district election;
        A. 3664--B                          6
 
     1  that  I  will  have  been  a  resident  of  this state and of the school
     2  district and school election district, if any, shown on the reverse side

     3  of this envelope for thirty days next preceding the  said  election  and
     4  that  I  am  or  on  such date will be, a qualified voter of said school
     5  district; that I will be unable to appear personally on the day of  said
     6  school  district  election  at the polling place of the said district in
     7  which I am or will be a qualified voter because of the reason stated  on
     8  my  application heretofore submitted; that I have not qualified, or do I
     9  intend to vote, elsewhere than as set forth on the reverse side of  this
    10  envelope; that I have not received or offered, do not expect to receive,
    11  have not paid, offered or promised to pay, contributed, offered or prom-
    12  ised  to  contribute  to  another to be paid or used, any money or other
    13  valuable thing, as a compensation or reward for the giving or  withhold-
    14  ing  of  a  vote at this school district election, and have not made any

    15  promise to influence the giving or withholding of any such votes; that I
    16  have not made or become directly or indirectly interested in any bet  or
    17  wager  depending  upon  the result of this school district election; and
    18  that I have not been convicted of bribery [of] or  any  infamous  crime,
    19  or,  if  so  convicted, that I have been pardoned or restored to all the
    20  rights of a citizen, without restriction as to the right of suffrage, or
    21  have received a certificate of relief from disabilities or a certificate
    22  of good conduct [granted by  the  board  of  parole]  pursuant  to  [the
    23  provisions  of the executive] article twenty-three of the correction law
    24  removing my disability to vote.
 
    25    I hereby declare that the foregoing is a true statement to the best of

    26  my knowledge and belief, and I understand that if I  make  any  material
    27  false statement in the foregoing statement of absentee voter, I shall be
    28  guilty of a misdemeanor.
 
    29    Date....................Signature of Voter ...........................
 
    30    § 11. Paragraph b of subdivision 5 of section 84-a of the town law, as
    31  amended  by  chapter  281  of  the  laws  of 1998, is amended to read as
    32  follows:
    33    b. On the reverse side of such envelope shall be printed the following
    34  statement:
    35                          STATEMENT OF ABSENTEE VOTER
    36    I do declare that I will have been a citizen of the United States  for
    37  thirty  days, and will be at least eighteen years of age, on the date of
    38  the special town election; that I will have  been  a  resident  of  this
    39  state  and  of  the  town shown on the reverse side of this envelope for

    40  thirty days next preceding the said election; that I am or on such  date
    41  will  be,  a  registered  voter  of  said town; that I will be unable to
    42  appear personally on the day of said special town election at the  poll-
    43  ing  place of the election district in which I am or will be a qualified
    44  voter because of the reason stated on my application heretofore  submit-
    45  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
    46  as set forth on the reverse side of  this  envelope;  that  I  have  not
    47  received or offered, do not expect to receive, have not paid, offered or
    48  promised  to  pay,  contributed,  offered  or  promised to contribute to
    49  another to be paid or used, any money or  other  valuable  thing,  as  a
    50  compensation  or  reward for the giving or withholding of a vote at this
    51  special town election, and have not made any promise  to  influence  the

    52  giving  or withholding of any such votes; that I have not made or become
    53  directly or indirectly interested in any bet or wager depending upon the
        A. 3664--B                          7
 
     1  result of this special town election; and that I have not been convicted
     2  of bribery or any infamous crime, or, if so convicted, that I have  been
     3  pardoned or restored to all the rights of a citizen, without restriction
     4  as  to  the  right of suffrage, or received a certificate of relief from
     5  disabilities or a certificate of good conduct [granted by the  board  of
     6  parole]  pursuant  to  [the provisions of the executive] article twenty-
     7  three of the correction law removing my disability to register and vote.
     8    I hereby declare that the foregoing is a true statement to the best of

     9  my knowledge and belief, and I understand that if I  make  any  material
    10  false statement in the foregoing statement of absentee voter, I shall be
    11  guilty of a misdemeanor.
    12      Date.............. Signature of Voter..................
    13    §  12.  Paragraph b of subdivision 5 of section 175-b of the town law,
    14  as amended by chapter 401 of the laws of 1996, is  amended  to  read  as
    15  follows:
    16    b.   On the reverse side of such envelope shall be printed the follow-
    17  ing statement:
    18                         STATEMENT OF ABSENTEE VOTER
    19    I do declare that I will have been a citizen of the United States  for
    20  thirty  days, and will be at least eighteen years of age, on the date of
    21  the district election; that I will have been a resident  of  this  state
    22  and  of  the district if any, shown on the reverse side of this envelope

    23  for thirty days next preceding the said election and that  I  am  or  on
    24  such  date  will be, a registered voter of said district; that I will be
    25  unable to appear personally on the day of said district election at  the
    26  polling  place of the said district in which I am or will be a qualified
    27  voter because of the reason stated on my application heretofore  submit-
    28  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
    29  as set forth on the reverse side of  this  envelope;  that  I  have  not
    30  received or offered, do not expect to receive, have not paid, offered or
    31  promised  to  pay,  contributed,  offered  or  promised to contribute to
    32  another to be paid or used, any money or  other  valuable  thing,  as  a
    33  compensation  or  reward for the giving or withholding of a vote at this
    34  district election, and have not made any promise to influence the giving

    35  or withholding of any such votes; that I have not made or become direct-
    36  ly or indirectly interested in any  bet  or  wager  depending  upon  the
    37  result  of this district election; and that I have not been convicted of
    38  bribery or any infamous crime, or, if so convicted,  that  I  have  been
    39  pardoned or restored to all the rights of a citizen, without restriction
    40  as  to  the  right of suffrage, or received a certificate of relief from
    41  disabilities or a certificate of good conduct [granted by the  board  of
    42  parole]  pursuant  to  [the provisions of the executive] article twenty-
    43  three of the correction law removing my disability to register and vote.
    44    I hereby declare that the foregoing is a true statement to the best of
    45  my knowledge and belief, and I understand that if I  make  any  material

    46  false statement in the foregoing statement of absentee voter, I shall be
    47  guilty of a misdemeanor.
    48    Date..............Signature of Voter..................
    49    §  13.  Paragraph b of subdivision 5 of section 213-b of the town law,
    50  as added by chapter 400 of the laws of  1985,  is  amended  to  read  as
    51  follows:
    52    b.   On the reverse side of such envelope shall be printed the follow-
    53  ing statement:
    54                          STATEMENT OF ABSENTEE VOTER
        A. 3664--B                          8
 
     1    I do declare that I will have been a citizen of the United States  for
     2  thirty  days, and will be at least eighteen years of age, on the date of
     3  the district election; that I will have been a resident  of  this  state
     4  and  of  the district if any, shown on the reverse side of this envelope

     5  for  thirty  days  next  preceding the said election and that I am or on
     6  such date will be, a registered voter of said district; that I  will  be
     7  unable  to appear personally on the day of said district election at the
     8  polling place of the said district in which I am or will be a  qualified
     9  voter  because of the reason stated on my application heretofore submit-
    10  ted; that I have not qualified, or do I intend to vote,  elsewhere  than
    11  as  set  forth  on  the  reverse  side of this envelope; that I have not
    12  received or offered, do not expect to receive, have not paid, offered or
    13  promised to pay, contributed,  offered  or  promised  to  contribute  to
    14  another  to  be  paid  or  used, any money or other valuable thing, as a
    15  compensation or reward for the giving or withholding of a vote  at  this
    16  district election, and have not made any promise to influence the giving

    17  or withholding of any such votes; that I have not made or become direct-
    18  ly  or  indirectly  interested  in  any  bet or wager depending upon the
    19  result of this district election; and that I have not been convicted  of
    20  bribery  or  any  infamous  crime, or, if so convicted, that I have been
    21  pardoned or restored to all the rights of a citizen, without restriction
    22  as to the right of suffrage, or received a certificate  of  relief  from
    23  disabilities  or  a certificate of good conduct [granted by the board of
    24  parole] pursuant to [the provisions of the  executive]  article  twenty-
    25  three of the correction law removing my disability to register and vote.
    26    I hereby declare that the foregoing is a true statement to the best of
    27  my  knowledge  and  belief, and I understand that if I make any material

    28  false statement in the foregoing statement of absentee voter, I shall be
    29  guilty of a misdemeanor.
    30       Date............. Signature of Voter ..............................
    31    § 14. Paragraph (h) of subdivision 2 of  section  74  of  the  general
    32  business  law, as amended by chapter 680 of the laws of 1967, is amended
    33  to read as follows:
    34    (h) violating section seven hundred forty-two, section  seven  hundred
    35  forty-three,  or  section  seven  hundred  forty-five of the said former
    36  penal law, or violating any section contained  in  article  two  hundred
    37  fifty  of  the  penal  law.  Except  as  hereinafter in this subdivision
    38  provided, no license shall be issued to any  person  whose  license  has
    39  been previously revoked by the department of state or the authorities of
    40  any  other  state  or  territory  because  of  conviction  of any of the

    41  offenses specified in this section. The provisions of  this  subdivision
    42  shall  not  prevent  the issuance of a license to any person who, subse-
    43  quent to his conviction, shall have received executive  pardon  therefor
    44  removing  this  disability,  or who has received a certificate of relief
    45  from disabilities or a certificate of good conduct [granted by the board
    46  of parole] pursuant to [the provisions of the executive]  article  twen-
    47  ty-three  of  the  correction  law  to  remove the disability under this
    48  section because of such conviction or previous license revocation  occa-
    49  sioned thereby.
    50    §  15.  Subdivision  1  of  section 81 of the general business law, as
    51  amended by chapter 562 of the laws  of  2000,  is  amended  to  read  as
    52  follows:

    53    1. The holder of any license certificate issued pursuant to this arti-
    54  cle  may employ to assist him in his work of private detective or inves-
    55  tigator or bail enforcement agent as described in section seventy-one of
    56  this article and in the conduct of such business as many persons  as  he
        A. 3664--B                          9
 
     1  may  deem  necessary,  and  shall at all times during such employment be
     2  legally responsible for the good conduct in the  business  of  each  and
     3  every person so employed.
     4    No holder of any unexpired license certificate issued pursuant to this
     5  article shall knowingly employ in connection with his or its business in
     6  any  capacity  whatsoever, any person who has been convicted of a felony
     7  or any of the offenses specified in subdivision two of section  seventy-

     8  four  of  this  [chapter]  article,  and  who has not subsequent to such
     9  conviction received executive pardon therefor removing this  disability,
    10  or  received  a certificate of relief from disabilities or a certificate
    11  of good conduct [granted by  the  board  of  parole]  pursuant  to  [the
    12  provisions  of the executive] article twenty-three of the correction law
    13  to  remove  the  disability  under  this  section  because  of  such   a
    14  conviction,  or  any  person  whose  private detective or investigator's
    15  license or bail enforcement agent's license was revoked  or  application
    16  for such license was denied by the department of state or by the author-
    17  ities  of  any  other state or territory because of conviction of any of
    18  such offenses. Should the holder of  an  unexpired  license  certificate

    19  falsely  state  or represent that a person is or has been in his employ,
    20  such false statement or misrepresentation shall be sufficient cause  for
    21  the revocation of such license. Any person falsely stating or represent-
    22  ing that he is or has been a detective or employed by a detective agency
    23  or that he is or has been a bail enforcement agent or employed by a bail
    24  enforcement agency shall be guilty of a misdemeanor.
    25    §  16.  Paragraph  (a)  of subdivision 1 of section 191 of the general
    26  municipal law, as amended by chapter 574 of the laws of 1978, is amended
    27  to read as follows:
    28    (a) Issuance of licenses to conduct games of chance. If such clerk  or
    29  department  shall  determine  that the applicant is duly qualified to be
    30  licensed to conduct games of chance under this article; that the  member
    31  or  members  of  the  applicant  designated in the application to manage

    32  games of chance are bona fide active members of the  applicant  and  are
    33  persons  of  good  moral  character  and  have never been convicted of a
    34  crime, or, if convicted, have received a pardon, a certificate  of  good
    35  conduct or a certificate of relief from disabilities pursuant to article
    36  twenty-three  of the correction law; that such games are to be conducted
    37  in accordance with the provisions of this article and in accordance with
    38  the rules and regulations of the board  and  applicable  local  laws  or
    39  ordinances  and  that  the  proceeds  thereof  are  to be disposed of as
    40  provided by this article, and if such clerk or department  is  satisfied
    41  that  no commission, salary, compensation, reward or recompense whatever
    42  will be paid or given to any person  managing,  operating  or  assisting
    43  therein  except  as in this article otherwise provided; it shall issue a

    44  license to the applicant for the conduct of games of chance upon payment
    45  of a license fee of twenty-five dollars for each license period.
    46    § 17. Paragraph (a) of subdivision 9 of section  476  of  the  general
    47  municipal  law,  as  amended  by  chapter  1057  of the laws of 1965, is
    48  amended to read as follows:
    49    (a) a person convicted of a crime who has not received a pardon  or  a
    50  certificate of good conduct or a certificate of relief from disabilities
    51  pursuant to article twenty-three of the correction law;
    52    §  18.  Paragraph  (a)  of subdivision 1 of section 481 of the general
    53  municipal law, as amended by chapter 328 of the laws of 1994, is amended
    54  to read as follows:
    55    (a) Issuance of licenses to conduct bingo. If the  governing  body  of
    56  the municipality shall determine that the applicant is duly qualified to

        A. 3664--B                         10
 
     1  be  licensed  to  conduct  bingo  under this article; that the member or
     2  members of the applicant designated in the application to conduct  bingo
     3  are  bona  fide  active members of the applicant and are persons of good
     4  moral  character  and  have  never  been  convicted  of  a  crime or, if
     5  convicted, have received a pardon or a certificate of good conduct or  a
     6  certificate of relief from disabilities pursuant to article twenty-three
     7  of the correction law; that such games are to be conducted in accordance
     8  with the provisions of this article and in accordance with the rules and
     9  regulations  of  the commission, and that the proceeds thereof are to be
    10  disposed of as provided by this article, and if the  governing  body  is

    11  satisfied that no commission, salary, compensation, reward or recompense
    12  whatever  will  be  paid  or  given  to any person holding, operating or
    13  conducting or assisting in the holding, operation  and  conduct  of  any
    14  such  games  except  as  in this article otherwise provided; and that no
    15  prize will be offered and given in excess of the sum  or  value  of  one
    16  thousand dollars in any single game and that the aggregate of all prizes
    17  offered  and  given in all of such games conducted on a single occasion,
    18  under said license shall not exceed the sum or value of  three  thousand
    19  dollars,  it  shall  issue a license to the applicant for the conduct of
    20  bingo upon payment of a license fee of eighteen dollars and seventy-five
    21  cents for each bingo occasion; provided,  however,  that  the  governing
    22  body  shall refuse to issue a license to an applicant seeking to conduct

    23  bingo in premises of a licensed commercial lessor  where  it  determines
    24  that  the  premises presently owned or occupied by said applicant are in
    25  every respect adequate and suitable for conducting bingo games.
    26    § 19. Paragraph 4 of subsection (d) of section 2108 of  the  insurance
    27  law is amended to read as follows:
    28    (4)  This  subsection shall not prevent the employment of or the issu-
    29  ance of a license to any person who, subsequent to his conviction, shall
    30  have received executive pardon therefor removing this disability, or who
    31  has received a certificate of relief from disabilities or a  certificate
    32  of  good  conduct  [granted  by  the  board  of parole] pursuant to [the
    33  provisions of the executive] article twenty-three of the correction  law
    34  to  remove  the disability under this section because of such conviction

    35  or previous license revocation occasioned thereby.
    36    § 20. Paragraph 1 of subsection (c) of section 4413 of  the  insurance
    37  law is amended to read as follows:
    38    (1)  No  person who has been convicted by a court of the United States
    39  or by a court of any state or territory thereof of a felony, or  of  any
    40  crime  or  offense  involving  fraudulent  or dishonest practices, shall
    41  serve, be appointed, designated or employed as a trustee, administrator,
    42  officer, agent or employee of any employee welfare fund (other  than  an
    43  employee  performing  non-discretionary clerical or building maintenance
    44  duties exclusively) during or for five years after  such  conviction  or
    45  the  suspension  of  sentence therefor or from the date of his unrevoked
    46  release from custody by parole, commutation or termination of  sentence,
    47  whichever  event  occurs  later,  unless prior to the expiration of said

    48  five year period the conviction is finally reversed by a court of compe-
    49  tent jurisdiction or he has been pardoned therefor by  the  governor  or
    50  other appropriate authority of the state or jurisdiction in which he was
    51  convicted  or  he has received a certificate of relief from disabilities
    52  or a certificate of good conduct pursuant to the provisions  of  article
    53  twenty-three  of the correction law which specifically removes the disa-
    54  bility herein provided.
        A. 3664--B                         11
 
     1    § 21. Paragraph (a) of subdivision 5 of section  2806  of  the  public
     2  health law, as amended by chapter 584 of the laws of 1983, is amended to
     3  read as follows:
     4    (a)  Except as provided in paragraphs (b) and (d) of this subdivision,
     5  anything contained in this section or in a certificate  of  relief  from

     6  disabilities or a certificate of good conduct issued pursuant to article
     7  twenty-three  of  the  correction law to the contrary notwithstanding, a
     8  hospital operating certificate of a hospital under control of a control-
     9  ling person as defined in paragraph (a) of subdivision twelve of section
    10  twenty-eight hundred one-a of this [chapter] article, or  under  control
    11  of  any  other entity, shall be revoked upon a finding by the department
    12  that such controlling person or any individual, member of a  partnership
    13  or shareholder of a corporation to whom or to which an operating certif-
    14  icate  has  been issued, has been convicted of a class A, B or C felony,
    15  or a felony related in any way to any activity or program subject to the
    16  regulations, supervision, or administration of the department or of  the

    17  [department  of  social  services]  office  of  temporary and disability
    18  assistance or in violation of the public officers  law  in  a  court  of
    19  competent  jurisdiction  in  the  state, or of a crime outside the state
    20  which, if committed within the state, would have been a class A, B or  C
    21  felony or a felony related in any way to any activity or program subject
    22  to  the regulations, supervision, or administration of the department or
    23  of the [department of social services] office of temporary and disabili-
    24  ty assistance or in violation of the public officers law.
    25    § 22. Paragraph (c) of subdivision 2 of section  2897  of  the  public
    26  health  law,  as added by chapter 569 of the laws of 1970, is amended to
    27  read as follows:
    28    (c) If a person convicted of a felony or crime deemed hereby to  be  a

    29  felony  is subsequently pardoned by the governor of the state where such
    30  conviction was had, or by the president of the United States,  or  shall
    31  receive  a  certificate  of relief from disabilities or a certificate of
    32  good  conduct  [granted  by  the  board  of  parole]  pursuant  to  [the
    33  provisions  of the executive] article twenty-three of the correction law
    34  for the purpose of removing the disability under this section because of
    35  such conviction, the board may, in its  discretion,  on  application  of
    36  such  person,  and  on  the  submission  to it of satisfactory evidence,
    37  restore to such person the right to practice nursing home administration
    38  in this state.
    39    § 23. Section 3454 of the public health law  is  amended  to  read  as
    40  follows:

    41    §  3454.  Restoration  of licenses after conviction of a felony.  If a
    42  person convicted of a felony or crime deemed to be a  felony  is  subse-
    43  quently  pardoned by the governor of the state where such conviction was
    44  had or by the president of the United States, or shall receive a certif-
    45  icate of relief from disabilities  or  a  certificate  of  good  conduct
    46  [granted  by  the  board  of  parole] pursuant to [the provisions of the
    47  executive] article twenty-three of the  correction  law  to  remove  the
    48  disability  under  this  section because of such conviction, the commis-
    49  sioner may, in his discretion, on application of such person, and on the
    50  submission to him of satisfactory evidence, restore to such  person  the
    51  right to practice in this state.

    52    §  24.   The first undesignated paragraph of section 440-a of the real
    53  property law, as amended by chapter 430 of the laws of 2008, is  amended
    54  to read as follows:
    55    No  person,  co-partnership,  limited liability company or corporation
    56  shall engage in or follow the business or occupation of, or hold himself
        A. 3664--B                         12
 
     1  or itself out or act temporarily or otherwise as a real estate broker or
     2  real estate salesman in this state without  first  procuring  a  license
     3  therefor  as  provided in this article. No person shall be entitled to a
     4  license  as  a real estate broker under this article, either as an indi-
     5  vidual or as a member of a co-partnership, or as a member or manager  of
     6  a limited liability company or as an officer of a corporation, unless he

     7  or she is twenty years of age or over, a citizen of the United States or
     8  an alien lawfully admitted for permanent residence in the United States.
     9  No person shall be entitled to a license as a real estate salesman under
    10  this  article  unless  he  or  she is over the age of eighteen years. No
    11  person shall be entitled to a license as a real estate  broker  or  real
    12  estate  salesman under this article who has been convicted in this state
    13  or elsewhere of a felony, of a sex offense, as  defined  in  subdivision
    14  two  of  section  one hundred sixty-eight-a of the correction law or any
    15  offense committed outside of this state which  would  constitute  a  sex
    16  offense,  or a sexually violent offense, as defined in subdivision three
    17  of section one hundred  sixty-eight-a  of  the  correction  law  or  any
    18  offense  committed  outside this state which would constitute a sexually

    19  violent offense, and who has not subsequent to such conviction  received
    20  executive  pardon  therefor or a certificate of relief from disabilities
    21  or a certificate of good conduct [from the  parole  board]  pursuant  to
    22  article  twenty-three  of  the  correction law, to remove the disability
    23  under this section because of such conviction. No person shall be  enti-
    24  tled  to a license as a real estate broker or real estate salesman under
    25  this article who does not meet the requirements of section 3-503 of  the
    26  general obligations law.
    27    § 25. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
    28  amended  by  chapter  276  of  the  laws  of 1986, is amended to read as
    29  follows:
    30    (c) If a person convicted of a felony or crime deemed hereby to  be  a

    31  felony  is subsequently pardoned by the governor of the state where such
    32  conviction was had, or by the president of the United States,  or  shall
    33  receive  a  certificate  of relief from disabilities or a certificate of
    34  good  conduct  [granted  by  the  board  of  parole]  pursuant  to  [the
    35  provisions  of the executive] article twenty-three of the correction law
    36  for the purpose of removing the disability under this section because of
    37  such conviction, the tax commission may, in its discretion, on  applica-
    38  tion of such person and compliance with subdivision two of this section,
    39  and on the submission to it of satisfactory evidence of good moral char-
    40  acter and suitability, again register such person as a distributor under
    41  this article.
    42    §  26.  Paragraph (a) of subdivision 1 of section 509-c of the vehicle

    43  and traffic law, as amended by chapter 360  of  the  laws  of  1986,  is
    44  amended to read as follows:
    45    (a)  permanently,  if  that  person has been convicted of or forfeited
    46  bond or collateral which forfeiture order has not been  vacated  or  the
    47  subject  of  an  order  of remission upon a violation of section 130.30,
    48  130.35, 130.45, 130.50, 130.60, or  130.65  of  the  penal  law,  or  an
    49  offense  committed  under  a former section of the penal law which would
    50  constitute a violation of the aforesaid sections of the penal law or any
    51  offense committed  outside  of  this  state  which  would  constitute  a
    52  violation of the aforesaid sections of the penal law, provided, however,
    53  the provisions of this paragraph shall not apply to convictions, suspen-
    54  sions  or revocations or forfeitures of bonds for collateral upon any of

    55  the charges listed in this paragraph for violations which occurred prior
    56  to September first, nineteen hundred seventy-four committed by a  person
        A. 3664--B                         13
 
     1  employed  as  a bus driver on September first, nineteen hundred seventy-
     2  four. However, such disqualification may be waived  provided  that  five
     3  years have expired since the applicant was discharged or released from a
     4  sentence  of  imprisonment  imposed pursuant to conviction of an offense
     5  that requires disqualification under this paragraph and that the  appli-
     6  cant  shall  have been granted a certificate of relief from disabilities
     7  [as provided for in section seven hundred one] or a certificate of  good
     8  conduct pursuant to article twenty-three of the correction law.

     9    §  27.  Paragraph (a) of subdivision 2 of section 509-c of the vehicle
    10  and traffic law, as added by chapter 675 of the laws of 1985, is amended
    11  to read as follows:
    12    (a) permanently, if that person has been  convicted  of  or  forfeited
    13  bond  or  collateral  which forfeiture order has not been vacated or the
    14  subject of an order of remission upon a  violation  committed  prior  to
    15  September  fifteenth,  nineteen  hundred eighty-five, of section 130.30,
    16  130.35, 130.45, 130.50, 130.60, or  130.65  of  the  penal  law,  or  an
    17  offense  committed  under  a former section of the penal law which would
    18  constitute a violation of the aforesaid sections of the penal law or any
    19  offense committed  outside  of  this  state  which  would  constitute  a
    20  violation  of  the  aforesaid  sections  of the penal law. However, such

    21  disqualification may be waived provided that  five  years  have  expired
    22  since the applicant was discharged or released from a sentence of impri-
    23  sonment  imposed  pursuant  to  conviction  of  an offense that requires
    24  disqualification under this paragraph and that the applicant shall  have
    25  been  granted a certificate of relief from disabilities [as provided for
    26  in section seven hundred one] or a certificate of good conduct  pursuant
    27  to article twenty-three of the correction law.
    28    §  28. Subparagraphs (i), (ii) and (iii) of paragraph (a) and subpara-
    29  graph (i) of paragraph (b) of subdivision 1 of  section  509-cc  of  the
    30  vehicle  and  traffic  law, as added by chapter 675 of the laws of 1985,
    31  are amended to read as follows:
    32    (i) has been convicted  of  or  forfeited  bond  or  collateral  which

    33  forfeiture  order  has  not  been  vacated or the subject of an order of
    34  remission upon a violation committed prior to September fifteenth, nine-
    35  teen hundred eighty-five, of section  130.30,  130.35,  130.45,  130.50,
    36  130.60,  or  130.65  of  the  penal law, or an offense committed under a
    37  former section of the penal law which would constitute  a  violation  of
    38  the aforesaid sections of the penal law or any offense committed outside
    39  of  this  state  which  would  constitute  a  violation of the aforesaid
    40  sections of the penal law, provided, however,  the  provisions  of  this
    41  subparagraph  shall not apply to convictions, suspensions or revocations
    42  or forfeitures of bonds for collateral upon any of the charges listed in
    43  this subparagraph for  violations  which  occurred  prior  to  September
    44  first, nineteen hundred seventy-four committed by a person employed as a

    45  bus  driver  on September first, nineteen hundred seventy-four. However,
    46  such disqualification may  be  waived  provided  that  five  years  have
    47  expired  since  the applicant was discharged or released from a sentence
    48  of imprisonment imposed  pursuant  to  conviction  of  an  offense  that
    49  requires  disqualification  under  this paragraph and that the applicant
    50  shall have been granted a certificate of relief  from  disabilities  [as
    51  provided  for  in  section  seven  hundred one] or a certificate of good
    52  conduct pursuant to article twenty-three of the correction law. When the
    53  certificate is issued by a court for a conviction which occurred in this
    54  state, it shall only be issued by the  court  having  jurisdiction  over
    55  such  conviction.  Such certificate shall specifically indicate that the

    56  authority granting such certificate has considered the bearing, if  any,
        A. 3664--B                         14
 
     1  the criminal offense or offenses for which the person was convicted will
     2  have on the applicant's fitness or ability to operate a bus transporting
     3  school  children  to  the  applicant's  prospective employment, prior to
     4  granting such a certificate; or
     5    (ii)  has  been  convicted  of  an  offense listed in paragraph (a) of
     6  subdivision four of this section that was committed on or after  Septem-
     7  ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
     8  tion  may  be  waived  by the commissioner provided that five years have
     9  expired since the applicant was discharged or released from  a  sentence
    10  of  imprisonment  imposed  pursuant  to  conviction  of  an offense that

    11  requires disqualification under this paragraph and  that  the  applicant
    12  shall  have  been  granted a certificate of relief from disabilities [as
    13  provided for in section seven hundred one]  or  a  certificate  of  good
    14  conduct pursuant to article twenty-three of the correction law. When the
    15  certificate is issued by a court for a conviction which occurred in this
    16  state,  it  shall  only  be issued by the court having jurisdiction over
    17  such conviction. Such certificate shall specifically indicate  that  the
    18  authority  granting such certificate has considered the bearing, if any,
    19  the criminal offense or offenses for which the person was convicted will
    20  have on the applicant's fitness or ability to operate a bus transporting
    21  school children, prior to granting such a certificate; or

    22    (iii) has been convicted of an offense  listed  in  paragraph  (b)  of
    23  subdivision  four of this section that was committed on or after Septem-
    24  ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
    25  tion shall be waived provided that five years  have  expired  since  the
    26  applicant discharged or released from a sentence of imprisonment imposed
    27  pursuant  to  conviction  of  an  offense that requires disqualification
    28  under this paragraph and that the applicant shall have  been  granted  a
    29  certificate  of  relief  from  disabilities  [as provided for in section
    30  seven hundred one] or a certificate of good conduct pursuant to  article
    31  twenty-three  of the correction law. When the certificate is issued by a
    32  court for a conviction which occurred in this state, it  shall  only  be

    33  issued  by  the  court  having  jurisdiction  over such conviction. Such
    34  certificate shall specifically indicate that the authority granting such
    35  certificate has considered the bearing, if any, the criminal offense  or
    36  offenses for which the person was convicted will have on the applicant's
    37  fitness  or ability to operate a bus transporting school children, prior
    38  to  granting  such  a  certificate.  Provided,  however,  that  at   the
    39  discretion of the commissioner, the certificate of relief from disabili-
    40  ties may remove disqualification at any time; or
    41    (i)  has  been convicted within the preceding five years of an offense
    42  listed in paragraph (c) of subdivision four of  this  section  that  was
    43  committed on or after September fifteenth, nineteen hundred eighty-five.
    44  However,  such disqualification shall be waived provided that the appli-

    45  cant has been granted a certificate  of  relief  from  disabilities  [as
    46  provided  for  in  section  seven  hundred one] or a certificate of good
    47  conduct pursuant to article twenty-three of the correction law. When the
    48  certificate is issued by a court for a conviction which occurred in this
    49  state, it shall only be issued by the  court  having  jurisdiction  over
    50  such  conviction.  Such certificate shall specifically indicate that the
    51  authority granting such certificate has considered the bearing, if  any,
    52  the criminal offense or offenses for which the person was convicted will
    53  have on the applicant's fitness or ability to operate a bus transporting
    54  school children, prior to granting such a certificate;
    55    §  29. Paragraphs (a) and (b) and subparagraph (i) of paragraph (c) of

    56  subdivision 2 of section 509-cc of the vehicle and  traffic  law,  para-
        A. 3664--B                         15
 
     1  graph  (a) and subparagraph (i) of paragraph (c) as added by chapter 675
     2  of the laws of 1985 and paragraph (b) as amended by chapter 360  of  the
     3  laws of 1986, are amended to read as follows:
     4    (a) permanently, if that person has been convicted of an offense list-
     5  ed  in  paragraph (a) of subdivision four of this section. However, such
     6  disqualification may be waived by the commissioner  provided  that  five
     7  years have expired since the applicant was discharged or released from a
     8  sentence  of  imprisonment  imposed pursuant to conviction of an offense
     9  that requires disqualification under this paragraph and that the  appli-
    10  cant  shall  have been granted a certificate of relief from disabilities

    11  [as provided for in section seven hundred one] or a certificate of  good
    12  conduct pursuant to article twenty-three of the correction law. When the
    13  certificate is issued by a court for a conviction which occurred in this
    14  state,  it  shall  only  be issued by the court having jurisdiction over
    15  such conviction. Such certificate shall specifically indicate  that  the
    16  authority  granting such certificate has considered the bearing, if any,
    17  the criminal offense or offenses for which the person was convicted will
    18  have on the applicant's fitness or ability to operate a bus transporting
    19  school children to the  applicant's  prospective  employment,  prior  to
    20  granting such a certificate.
    21    (b) permanently, if that person has been convicted of an offense list-
    22  ed  in  paragraph (b) of subdivision four of this section. However, such

    23  disqualification shall be waived provided that five years  have  expired
    24  since the applicant was incarcerated pursuant to a sentence of imprison-
    25  ment  imposed on conviction of an offense that requires disqualification
    26  under this paragraph and that the applicant shall have  been  granted  a
    27  certificate  of  relief  from  disabilities  [as provided for in section
    28  seven hundred one] or a certificate of good conduct pursuant to  article
    29  twenty-three  of the correction law. When the certificate is issued by a
    30  court for a conviction which occurred in this state, it  shall  only  be
    31  issued  by  the  court  having  jurisdiction  over such conviction. Such
    32  certificate shall specifically indicate that the authority granting such
    33  certificate has considered the bearing, if any, the criminal offense  or

    34  offenses for which the person was convicted will have on the applicant's
    35  fitness  or ability to operate a bus transporting school children, prior
    36  to  granting  such  a  certificate.  Provided,  however,  that  at   the
    37  discretion  of the commissioner the certificate of relief from disabili-
    38  ties or a certificate of good conduct pursuant to  article  twenty-three
    39  of the correction law may remove disqualification at any time.
    40    (i)  has  been convicted within the preceding five years of an offense
    41  listed in paragraph (c) of subdivision four of  this  section.  However,
    42  notwithstanding  the  provisions  of  subdivision three of section seven
    43  hundred one of the correction law. Such disqualification shall be waived
    44  provided that the applicant has been granted  a  certificate  of  relief

    45  from  disabilities [as provided for in section seven hundred one-g] or a
    46  certificate of good conduct pursuant  to  article  twenty-three  of  the
    47  correction  law.  When  the  certificate  is  issued  by  a  court for a
    48  conviction which occurred in this state, it shall only be issued by  the
    49  court  having  jurisdiction over such conviction. Such certificate shall
    50  specifically indicate that the authority granting such  certificate  has
    51  considered  the  bearing,  if  any, the criminal offense or offenses for
    52  which the person was convicted will have on the applicant's  fitness  or
    53  ability to operate a bus transporting school children, prior to granting
    54  such a certificate.
        A. 3664--B                         16
 
     1    §  30.  Subparagraph  (iii) of paragraph d of subdivision 6 of section

     2  510 of the vehicle and traffic law, as added by chapter 173 of the  laws
     3  of 1990, is amended to read as follows:
     4    (iii)  after  such  documentation, if required, is accepted, that such
     5  person is granted a certificate of relief from disabilities [as provided
     6  for in section seven hundred one]  or  a  certificate  of  good  conduct
     7  pursuant  to  article twenty-three of the correction law by the court in
     8  which such person was last penalized.
     9    § 31. Subparagraph (iii) of paragraph (c) of subdivision 2 of  section
    10  510-a of the vehicle and traffic law, as amended by section 13 of part E
    11  of chapter 60 of the laws of 2005, is amended to read as follows:
    12    (iii)  after  such  documentation, if required, is accepted, that such
    13  person is granted a certificate of relief from disabilities [as provided

    14  for in section seven hundred one]  or  a  certificate  of  good  conduct
    15  pursuant  to  article twenty-three of the correction law by the court in
    16  which such person was last penalized.
    17    § 32. Subdivision 5 of section 530 of the vehicle and traffic law,  as
    18  amended  by  section  15 of part E of chapter 60 of the laws of 2005, is
    19  amended to read as follows:
    20    (5) A restricted use license or privilege shall be valid for the oper-
    21  ation of any motor vehicle, except a vehicle  for  hire  as  a  taxicab,
    22  livery,  coach, limousine, van or wheelchair accessible van or tow truck
    23  as defined in this chapter subject to the conditions set  forth  herein,
    24  which  the holder would otherwise be entitled to operate had his drivers
    25  license or privilege not  been  suspended  or  revoked.  Notwithstanding

    26  anything to the contrary in a certificate of relief from disabilities or
    27  a certificate of good conduct issued pursuant to article twenty-three of
    28  the  correction law, a restricted use license shall not be valid for the
    29  operation of a commercial motor vehicle. A restricted use license  shall
    30  not  be  valid  for  the  operation  of a vehicle for hire as a taxicab,
    31  livery, coach, limousine, van or wheelchair accessible van or tow  truck
    32  where  the  holder  thereof  had his or her drivers license suspended or
    33  revoked and (i) such suspension or revocation is mandatory  pursuant  to
    34  the  provisions  of subdivision two or two-a of section five hundred ten
    35  of this title; or (ii) any such suspension is permissive for habitual or
    36  persistent violations of this chapter or any local law relating to traf-
    37  fic as set forth in paragraph d or i of  subdivision  three  of  section

    38  five  hundred ten of this title; or (iii) any such suspension is permis-
    39  sive and has been imposed by a magistrate, justice or judge of any city,
    40  town or village, any supreme court justice, any county judge,  or  judge
    41  of a district court. Except for a commercial motor vehicle as defined in
    42  subdivision  four  of  section  five  hundred  one-a  of this title, the
    43  restrictions  on  types  of  vehicles  which  may  be  operated  with  a
    44  restricted license contained in this subdivision shall not be applicable
    45  to  a  restricted  license  issued  to  a  person whose license has been
    46  suspended pursuant to paragraph three of subdivision four-e  of  section
    47  five hundred ten of this [chapter] title.
    48    §  33.  Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of
    49  subdivision 2 of section 1193 of the vehicle and traffic law,  as  added

    50  by chapter 732 of the laws of 2006, is amended to read as follows:
    51    (ii) that such person is granted a certificate of relief from disabil-
    52  ities  [as  provided  for in section seven hundred one of the correction
    53  law by the court in which such person was last sentenced] or  a  certif-
    54  icate of good conduct pursuant to article twenty-three of the correction
    55  law.
        A. 3664--B                         17
 
     1    Provided, however, that the commissioner may, on a case by case basis,
     2  refuse  to  restore a license which otherwise would be restored pursuant
     3  to this item, in the interest of the public safety and welfare.
     4    §  34. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of
     5  subdivision 2 of section 1193 of the vehicle and traffic law,  as  added

     6  by chapter 732 of the laws of 2006, is amended to read as follows:
     7    (iii) after such documentation is accepted, that such person is grant-
     8  ed a certificate of relief from disabilities [as provided for in section
     9  seven  hundred  one  of  the  correction  law by the court in which such
    10  person was last sentenced] or a certificate of good conduct pursuant  to
    11  article twenty-three of the correction law.
    12    § 35. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
    13  of the vehicle and traffic law, as amended by chapter 173 of the laws of
    14  1990, is amended to read as follows:
    15    (1)  Notwithstanding  anything  to the contrary contained in a certif-
    16  icate of relief from disabilities  or  a  certificate  of  good  conduct
    17  issued  pursuant  to article twenty-three of the correction law, where a

    18  suspension or revocation, other than a revocation required to be  issued
    19  by  the  commissioner,  is mandatory pursuant to paragraph (a) or (b) of
    20  this subdivision, the magistrate, justice or judge shall issue an  order
    21  suspending  or  revoking  such  license upon sentencing, and the license
    22  holder shall surrender such license to the court. Except as  hereinafter
    23  provided, such suspension or revocation shall take effect immediately.
    24    §  36.  Item  (iii)  of clause a of subparagraph 3 of paragraph (e) of
    25  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
    26  by chapter 173 of the laws of 1990, is amended to read as follows:
    27    (iii) after such documentation is accepted, that such person is grant-
    28  ed a certificate of relief from disabilities [as provided for in section
    29  seven hundred one of the correction law  by  the  court  in  which  such

    30  person  was  last penalized pursuant to paragraph (d) of subdivision one
    31  of this section] or a certificate of good conduct  pursuant  to  article
    32  twenty-three of the correction law.
    33    §  37.  Item  (iii)  of clause b of subparagraph 3 of paragraph (e) of
    34  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
    35  by section 17 of part E of chapter 60 of the laws of 2005, is amended to
    36  read as follows:
    37    (iii) after such documentation is accepted, that such person is grant-
    38  ed a certificate of relief from disabilities [as provided for in section
    39  seven hundred one of the correction law  by  the  court  in  which  such
    40  person  was  last penalized pursuant to paragraph (d) of subdivision one

    41  of this section] or a certificate of good conduct  pursuant  to  article
    42  twenty-three of the correction law.
    43    §  38.  Item  (iii)  of clause c of subparagraph 1 of paragraph (d) of
    44  subdivision 2 of section 1194 of the vehicle and traffic law, as amended
    45  by chapter 732 of the laws of 2006, is amended to read as follows:
    46    (iii) after such documentation is accepted, that such person is grant-
    47  ed a certificate of relief from disabilities [as provided for in section
    48  seven hundred one] or a certificate of good conduct pursuant to  article
    49  twenty-three of the correction law by the court in which such person was
    50  last penalized.
    51    §  39.  Paragraph  (g) of subdivision 7 of section 1196 of the vehicle
    52  and traffic law, as amended by section 19 of part E of chapter 60 of the

    53  laws of 2005, is amended to read as follows:
    54    (g) Notwithstanding anything to the contrary contained  in  a  certif-
    55  icate  of  relief  from  disabilities  or  a certificate of good conduct
    56  issued pursuant to article  twenty-three  of  the  correction  law,  any
        A. 3664--B                         18
 
     1  conditional  license  or  privilege  issued  to  a person convicted of a
     2  violation of any subdivision of section  eleven  hundred  ninety-two  of
     3  this  article  shall  not  be  valid for the operation of any commercial
     4  motor  vehicle.  In  addition,  no such conditional license or privilege
     5  shall be valid for the operation of a taxicab as defined in  this  chap-
     6  ter.
     7    §  40. This act shall take effect immediately, provided, however, that
     8  the amendments to subdivision 5 of section 530 of the vehicle and  traf-

     9  fic  law  made  by  section  thirty-two of this act shall not affect the
    10  expiration of such subdivision and shall be deemed to expire therewith.