S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          74
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction
       AN  ACT to amend the correction law, the executive law, the tax law, the
         vehicle and traffic law, the alcoholic beverage control law, the agri-
         culture and markets law, the public health law, the general  municipal
         law,  the  town  law, the education law, the general business law, the
         insurance law, the banking law, the penal law, the civil  rights  law,
         the  real  property law and the administrative code of the city of New
         York, in relation to the issuance of certificates of restoration;  and
         to repeal certain provisions of the correction law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 700 of the correction law, as  amended  by  chapter
    2  342 of the laws of 1972, is amended to read as follows:
    3    S  700. Definitions [and rules of construction].  [1.] As used in this
    4  article the following terms have the following meanings:
    5    [(a)] 1.  "Eligible  offender"  shall  mean  a  person  who  has  been
    6  convicted  of  a crime or of an offense[, but who has not been convicted
    7  more than once of a felony].
    8    [(b)] 2. "Felony" means a conviction of a felony in this state, or  of
    9  an  offense  in any other jurisdiction for which a sentence to a term of
   10  imprisonment in excess of one year, or a sentence of death, was  author-
   11  ized.
   12    [(c)] 3. "Revocable sentence" means a suspended sentence or a sentence
   13  upon  which  execution was suspended pursuant to the penal law in effect
   14  prior to September first, nineteen hundred sixty-seven; or a sentence of
   15  probation or of conditional discharge imposed pursuant to the penal  law
   16  in effect after September first, nineteen hundred sixty-seven.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01299-01-5
       S. 74                               2
    1    [2.   For  the  purposes  of  this  article  the  following  rules  of
    2  construction shall apply:
    3    (a)  Two or more convictions of felonies charged in separate counts of
    4  one indictment or information shall be deemed to be one conviction;
    5    (b) Two or more convictions of felonies charged in two or more indict-
    6  ments or information, filed in the same court prior to entry of judgment
    7  under any of them, shall be deemed to be one conviction; and
    8    (c) A plea or a verdict of guilty upon which sentence or the execution
    9  of sentence has been suspended or upon which a  sentence  of  probation,
   10  conditional discharge, or unconditional discharge has been imposed shall
   11  be deemed to be a conviction.]
   12    S  2.  Section 701 of the correction law, as amended by chapter 342 of
   13  the laws of 1972, subdivision 2 as amended by chapter 235 of the laws of
   14  2007, is amended to read as follows:
   15    S 701. Certificate of [relief from disabilities] RESTORATION.  1.    A
   16  certificate  of [relief from disabilities] RESTORATION may be granted as
   17  provided in this article to relieve an eligible offender of any  forfei-
   18  ture or disability, or to remove any bar to his OR HER employment, auto-
   19  matically imposed by law by reason of his OR HER conviction of the crime
   20  or  of the offense specified therein. Such certificate may be limited to
   21  one or more enumerated forfeitures, disabilities or bars, or may relieve
   22  the  eligible  offender  of  all  forfeitures,  disabilities  and  bars.
   23  Provided, however, that no such certificate shall apply, or be construed
   24  so  as to apply, to the right of such person to retain or to be eligible
   25  for public office.
   26    2. Notwithstanding any other provision of law, except subdivision five
   27  of section twenty-eight hundred six of the public health  law  or  para-
   28  graph  (b)  of subdivision two of section eleven hundred ninety-three of
   29  the vehicle and traffic law, a conviction of a crime or  of  an  offense
   30  specified  in  a  certificate  of [relief from disabilities] RESTORATION
   31  shall not cause automatic  forfeiture  of  any  license,  other  than  a
   32  license  issued  pursuant to section 400.00 of the penal law to a person
   33  convicted of a class A-I felony or a violent felony offense, as  defined
   34  in  subdivision  one  of section 70.02 of the penal law, permit, employ-
   35  ment, or franchise, including the right to register for or  vote  at  an
   36  election,  or automatic forfeiture of any other right or privilege, held
   37  by the eligible offender and covered by the certificate. Nor shall  such
   38  conviction  be  deemed  to  be  a  conviction  within the meaning of any
   39  provision of law that imposes, by reason of a conviction, a bar  to  any
   40  employment, a disability to exercise any right, or a disability to apply
   41  for  or  to receive any license, permit, or other authority or privilege
   42  covered by the certificate; provided, however, that a conviction  for  a
   43  second  or  subsequent  violation  of  any subdivision of section eleven
   44  hundred ninety-two of the vehicle and traffic law committed  within  the
   45  preceding ten years shall impose a disability to apply for or receive an
   46  operator's  license during the period provided in such law; and provided
   47  further, however, that a conviction for a class A-I felony or a  violent
   48  felony  offense,  as  defined in subdivision one of section 70.02 of the
   49  penal law, shall impose a disability to apply for or receive  a  license
   50  or  permit issued pursuant to section 400.00 of the penal law. A certif-
   51  icate of [relief from a  disability]  RESTORATION  imposed  pursuant  to
   52  subparagraph  (v) of paragraph b of subdivision two and paragraphs i and
   53  j of subdivision six of section five hundred  ten  of  the  vehicle  and
   54  traffic  law  may  only  be  issued upon a determination that compelling
   55  circumstances warrant such relief.
       S. 74                               3
    1    3. A certificate of [relief from disabilities] RESTORATION shall  not,
    2  however,  in  any way prevent any judicial, administrative, licensing or
    3  other body, board or  authority  from  [relying  upon]  CONSIDERING  the
    4  conviction  specified  therein  as  the  basis  for  the exercise of its
    5  discretionary  power  to  suspend,  revoke, refuse to issue or refuse to
    6  renew any license, permit or other authority or privilege IN  ACCORDANCE
    7  WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THIS CHAPTER.
    8    4.  NOTWITHSTANDING  ANY  OTHER  SECTION OF LAW, A CERTIFICATE OF GOOD
    9  CONDUCT OR A CERTIFICATE OF RELIEF FROM DISABILITIES SHALL BE  CONSTRUED
   10  TO  MEAN  A  CERTIFICATE  OF  RESTORATION, BUT SHALL NOT BE CONSTRUED TO
   11  EXPAND OR LIMIT ANY RELIEF PREVIOUSLY GRANTED. ANY CERTIFICATE OF RELIEF
   12  FROM DISABILITIES OR CERTIFICATE OF GOOD CONDUCT  ISSUED  PRIOR  TO  THE
   13  EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT
   14  ADDED THIS SUBDIVISION SHALL BE DEEMED THE EQUIVALENT OF  A  CERTIFICATE
   15  OF  RESTORATION  AND  SHALL REMAIN IN FULL FORCE AND EFFECT ON AND AFTER
   16  SUCH EFFECTIVE DATE. NOTHING IN THE CHAPTER OF THE LAWS OF TWO  THOUSAND
   17  FIFTEEN  THAT  ADDED  THIS  SUBDIVISION  SHALL  BE  READ TO INVALIDATE A
   18  CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT
   19  ISSUED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
   20  THOUSAND  FIFTEEN THAT ADDED THIS SUBDIVISION ON OR AFTER SUCH EFFECTIVE
   21  DATE.
   22    S 3. Section 702 of the correction law, as amended by chapter  342  of
   23  the  laws  of 1972, the section heading as amended by chapter 931 of the
   24  laws of 1976, subdivision 1 as amended by chapter 488  of  the  laws  of
   25  2011,  subdivision 3 as amended by section 64 of part A of chapter 56 of
   26  the laws of 2010 and subdivisions 4 and 6 as amended by  section  32  of
   27  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
   28  read as follows:
   29    S 702. Certificates of [relief from disabilities]  RESTORATION  issued
   30  by  courts.   1. Any court of this state may, in its discretion, issue a
   31  certificate of [relief from disabilities]  RESTORATION  to  an  eligible
   32  offender  for  a  conviction  that  occurred in such court, if the court
   33  either (a) imposed a revocable sentence or (b) imposed a sentence  other
   34  than one executed by commitment to an institution under the jurisdiction
   35  of  the  state department of corrections and community supervision. Such
   36  certificate may be issued (i) at the time  sentence  is  pronounced,  in
   37  which  case  it may grant relief from forfeitures, as well as from disa-
   38  bilities[,] or (ii) at any time thereafter, in which case it shall apply
   39  only to disabilities.   Where such  court  either  imposes  a  revocable
   40  sentence  or imposes a sentence other than one executed by commitment to
   41  an institution  under  the  jurisdiction  of  the  state  department  of
   42  corrections  and  community supervision, the court, upon application and
   43  in accordance with subdivision two  of  this  section,  shall  initially
   44  determine the fitness of an eligible offender for such certificate prior
   45  to or at the time sentence is pronounced.
   46    2.  Such certificate shall not be issued by the court unless the court
   47  is satisfied that:
   48    (a) The person to whom it is to be granted is an eligible offender, as
   49  defined in section seven hundred OF THIS ARTICLE;
   50    (b) The relief to be granted by the certificate is consistent with the
   51  rehabilitation of the eligible offender; and
   52    (c) The relief to be granted by the certificate is consistent with the
   53  public interest.
   54    3. Where a certificate of [relief from  disabilities]  RESTORATION  is
   55  not  issued  at  the time sentence is pronounced it shall only be issued
   56  thereafter upon verified application to the court. The  court  may,  for
       S. 74                               4
    1  the  purpose  of  determining  whether such certificate shall be issued,
    2  request its probation service to conduct an investigation of the  appli-
    3  cant,  or  if  the  court  has  no  probation service it may request the
    4  probation  service of the county court for the county in which the court
    5  is  located  to  conduct  such  investigation.  Any  probation   officer
    6  requested  to  make  an  investigation  pursuant  to  this section shall
    7  prepare and submit to the court a written report in accordance with such
    8  request.
    9    4. Where the court has imposed a revocable sentence  and  the  certif-
   10  icate  of  [relief from disabilities] RESTORATION is issued prior to the
   11  expiration or termination of the time which the court  may  revoke  such
   12  sentence,  the certificate shall be deemed to be a temporary certificate
   13  until such time as the court's authority  to  revoke  the  sentence  has
   14  expired  or  is terminated. While temporary, such certificate (a) may be
   15  revoked by the court for violation of the conditions  of  the  sentence,
   16  and  (b)  shall  be  revoked by the court if it revokes the sentence and
   17  commits the person to an institution under the jurisdiction of the state
   18  department of corrections and community supervision. Any such revocation
   19  shall be upon notice and after  an  opportunity  to  be  heard.  If  the
   20  certificate  is  not so revoked, it shall become a permanent certificate
   21  upon expiration or termination of the court's authority  to  revoke  the
   22  sentence.
   23    5.  Any  court that has issued a certificate of [relief from disabili-
   24  ties] RESTORATION may at any time issue a new certificate to enlarge the
   25  relief previously granted, provided, however,  that  the  provisions  of
   26  subdivisions  one  through four of this section shall apply to the issu-
   27  ance of any such new certificate.
   28    6. Any written report submitted to the court pursuant to this  section
   29  is confidential and may not be made available to any person or public or
   30  private  agency except where specifically required or permitted by stat-
   31  ute or upon specific authorization  of  the  court.  However,  upon  the
   32  court's  receipt  of such report, the court shall provide a copy of such
   33  report, or direct that such report be provided to the applicant's attor-
   34  ney, or the applicant himself, if he or she  has  no  attorney.  In  its
   35  discretion,  the court may except from disclosure a part or parts of the
   36  report which are not relevant to  the  granting  of  a  certificate,  or
   37  sources  of  information which have been obtained on a promise of confi-
   38  dentiality, or any other portion thereof, disclosure of which would  not
   39  be  in the interest of justice. The action of the court excepting infor-
   40  mation from disclosure shall be subject to appellate review. The  court,
   41  in its discretion, may hold a conference in open court or in chambers to
   42  afford  an applicant an opportunity to controvert or to comment upon any
   43  portions of the report. The court may also conduct a summary hearing  at
   44  the conference on any matter relevant to the granting of the application
   45  and may take testimony under oath.
   46    S  4.  Section  703 of the correction law, as amended by section 34 of
   47  subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
   48  read as follows:
   49    S  703.  Certificates of [relief from disabilities] RESTORATION issued
   50  by the department of  corrections  and  community  supervision.  1.  The
   51  department of corrections and community supervision shall have the power
   52  to issue a certificate of [relief from disabilities] RESTORATION to:
   53    (a)  any  eligible  offender  who has been committed to an institution
   54  under the jurisdiction of the state department of corrections and commu-
   55  nity supervision. Such certificate may be issued by  the  department  at
   56  the  time  the  offender  is  released  from  such institution under the
       S. 74                               5
    1  department's supervision or otherwise or at any  time  thereafter,  UPON
    2  APPLICATION OF THE OFFENDER;
    3    (b)  any  eligible  offender  who  resides within this state and whose
    4  judgment of conviction was rendered by a court in  any  other  jurisdic-
    5  tion.
    6    2. Where the department has issued a certificate of [relief from disa-
    7  bilities]  RESTORATION,  the  department  may  at  any  time issue a new
    8  certificate enlarging the relief previously granted.
    9    3. The department shall not issue [any] A certificate of [relief  from
   10  disabilities  pursuant  to  subdivisions one or two,] RESTORATION unless
   11  the department is satisfied that:
   12    (a) The person to whom it is to be granted is an eligible offender, as
   13  defined in section seven hundred OF THIS ARTICLE;
   14    (b) The relief to be granted by the certificate is consistent with the
   15  rehabilitation of the eligible offender; [and]
   16    (c) The relief to be granted by the certificate is consistent with the
   17  public interest[.]; AND
   18    (D) THREE YEARS HAVE ELAPSED SINCE UNREVOKED RELEASE FROM CUSTODY  FOR
   19  PERSONS  WITH  MULTIPLE  FELONY CONVICTIONS WHERE THE MOST SERIOUS CRIME
   20  FOR WHICH THE INDIVIDUAL WAS CONVICTED IS A CLASS C, D OR E  FELONY,  OR
   21  FIVE YEARS HAVE ELAPSED SINCE UNREVOKED RELEASE FROM CUSTODY FOR PERSONS
   22  CONVICTED OF A CLASS A OR B FELONY AT ANY TIME.
   23    4.  Any  certificate of relief from disabilities issued by the depart-
   24  ment to an eligible offender who at time of the issuance of the  certif-
   25  icate  is  under  the  department's supervision, shall be deemed to be a
   26  temporary certificate until  such  time  as  the  eligible  offender  is
   27  discharged from the department's supervision, and, while temporary, such
   28  certificate may be revoked by the department for violation of the condi-
   29  tions  of  community supervision. Revocation shall be upon notice to the
   30  releasee, who shall be accorded an opportunity to explain the  violation
   31  prior  to  decision  thereon.  If  the certificate is not so revoked, it
   32  shall become a permanent certificate upon expiration or  termination  of
   33  the department's jurisdiction over the individual.
   34    5. In granting or revoking a certificate of [relief from disabilities]
   35  RESTORATION  the  action  of  the  department shall be deemed a judicial
   36  function and shall not be reviewable if done according to law.
   37    6. For the purpose of determining whether such  certificate  shall  be
   38  issued, the department may conduct an investigation of the applicant.
   39    7. Presumption based on federal recommendation. Where a certificate of
   40  [relief  from  disabilities] RESTORATION is sought pursuant to paragraph
   41  (b) of subdivision one of this  section  on  a  judgment  of  conviction
   42  rendered by a federal district court in this state and the department is
   43  in  receipt of a written recommendation in favor of the issuance of such
   44  certificate from the  chief  probation  officer  of  the  district,  the
   45  department  shall  issue the requested certificate, unless it finds that
   46  the requirements of paragraphs (a), (b) and (c) of subdivision three  of
   47  this  section  have not been satisfied; or that the interests of justice
   48  would not be advanced by the issuance of the certificate.
   49    S 5. Sections 703-a and 703-b of the correction law are REPEALED.
   50    S 6. Section 704 of the correction law, as added by chapter 654 of the
   51  laws of 1966, is amended to read as follows:
   52    S 704. Effect of revocation; use of revoked certificate.   1. Where  a
   53  certificate  of  [relief  from disabilities] RESTORATION is deemed to be
   54  temporary and such certificate is revoked, disabilities and  forfeitures
   55  thereby  relieved  shall  be  reinstated  as  of the date upon which the
   56  person to whom the certificate was issued  receives  written  notice  of
       S. 74                               6
    1  such  revocation.  Any  such  person  shall  upon receipt of such notice
    2  surrender the certificate to the issuing court or board.
    3    2.  A  person who knowingly uses or attempts to use, a revoked certif-
    4  icate of [relief from disabilities] RESTORATION in order to obtain or to
    5  exercise any right or privilege that he would not be entitled to  obtain
    6  or  to  exercise without a valid certificate shall be guilty of a misde-
    7  meanor.
    8    S 7. Section 705 of the correction law, as amended by  section  36  of
    9  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
   10  read as follows:
   11    S 705. Forms and filing. 1. All applications, certificates and  orders
   12  of  revocation  necessary for the purposes of this article shall be upon
   13  forms prescribed pursuant to agreement among the state  commissioner  of
   14  corrections  and  community supervision, the chairman of the state board
   15  of parole and the administrator of the state judicial  conference.  Such
   16  forms  relating  to  [certificates  of relief from disabilities] CERTIF-
   17  ICATES OF RESTORATION shall be distributed by the  office  of  probation
   18  and  correctional  alternatives  [and  forms relating to certificates of
   19  good conduct shall be distributed] AND  by  the  [commissioner  of  the]
   20  department of corrections and community supervision.
   21    2.  Any court or department issuing or revoking any certificate pursu-
   22  ant to this article shall immediately file a copy of the certificate, or
   23  of the order of revocation, with the New York state  identification  and
   24  intelligence system.
   25    S  8.  Paragraph  (h) of subdivision 1 of section 130 of the executive
   26  law, as amended by section 1 of part LL of chapter 56  of  the  laws  of
   27  2010, is amended to read as follows:
   28    (h)  vagrancy  or  prostitution,  and  who  has not subsequent to such
   29  conviction received an executive pardon therefor  or  a  CERTIFICATE  OF
   30  RESTORATION,  A certificate of relief from disabilities or a certificate
   31  of good conduct pursuant to article twenty-three of the  correction  law
   32  to remove the disability under this section because of such conviction.
   33    S  9. Subdivision 3 of section 175 of the executive law, as amended by
   34  section 2 of part LL of chapter 56 of the laws of 2010,  is  amended  to
   35  read as follows:
   36    3.  Upon  a  showing  by the attorney general in an application for an
   37  injunction that any person engaged in solicitation has been convicted in
   38  this state or elsewhere of a felony or of a  misdemeanor  involving  the
   39  misappropriation,  misapplication  or misuse of the money or property of
   40  another, and who has not, subsequent to such conviction, received execu-
   41  tive pardon therefor or a  certificate  of  [relief  from  disabilities]
   42  RESTORATION  or  a certificate of good conduct pursuant to article twen-
   43  ty-three of the correction law, the supreme court, after a hearing,  may
   44  enjoin such person from engaging in any solicitation.
   45    S 10. Clause 1 of paragraph (c) of subdivision 2 of section 435 of the
   46  executive law, as amended by chapter 371 of the laws of 1974, is amended
   47  to read as follows:
   48    (1)  a  person  convicted of a crime who has not received a pardon, [a
   49  certificate of] OR A CERTIFICATE OF RESTORATION,  good  conduct,  or  [a
   50  certificate of] relief from disabilities;
   51    S 11. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
   52  amended  by  section 24 of part LL of chapter 56 of the laws of 2010, is
   53  amended to read as follows:
   54    (c) If a person convicted of a felony or crime deemed hereby to  be  a
   55  felony  is subsequently pardoned by the governor of the state where such
   56  conviction was had, or by the president of the United States,  or  shall
       S. 74                               7
    1  receive a CERTIFICATE OF RESTORATION, A certificate of relief from disa-
    2  bilities  or  a  certificate of good conduct pursuant to article twenty-
    3  three of the correction law for the purpose of removing  the  disability
    4  under  this  section because of such conviction, the tax commission may,
    5  in its discretion, on application of such  person  and  compliance  with
    6  subdivision  two  of this section, and on the submission to it of satis-
    7  factory evidence of good moral character and suitability, again register
    8  such person as a distributor under this article.
    9    S 12. Paragraph (a) of subdivision 1 of section 509-c of  the  vehicle
   10  and  traffic  law,  as amended by section 25 of part LL of chapter 56 of
   11  the laws of 2010, is amended 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  of  section  130.30,
   15  130.35,  130.45,  130.50,  130.60,  or  130.65  of  the penal law, or an
   16  offense committed under a former section of the penal  law  which  would
   17  constitute a violation of the aforesaid sections of the penal law or any
   18  offense  committed  outside  of  this  state  which  would  constitute a
   19  violation of the aforesaid sections of the penal law, provided, however,
   20  the provisions of this paragraph shall not apply to convictions, suspen-
   21  sions or revocations or forfeitures of bonds for collateral upon any  of
   22  the charges listed in this paragraph for violations which occurred prior
   23  to  September first, nineteen hundred seventy-four committed by a person
   24  employed as a bus driver on September first, nineteen  hundred  seventy-
   25  four.  However,  such  disqualification may be waived provided that five
   26  years have expired since the applicant was discharged or released from a
   27  sentence of imprisonment imposed pursuant to conviction  of  an  offense
   28  that  requires disqualification under this paragraph and that the appli-
   29  cant shall have been granted a CERTIFICATE OF RESTORATION, A certificate
   30  of relief from disabilities or a certificate of good conduct pursuant to
   31  article twenty-three of the correction law.
   32    S 13. Subparagraph (i) of paragraph (a) of subdivision  1  of  section
   33  509-cc  of the vehicle and traffic law, as amended by section 27 of part
   34  LL of chapter 56 of the laws of 2010, is amended to read as follows:
   35    (i) has been convicted  of  or  forfeited  bond  or  collateral  which
   36  forfeiture  order  has  not  been  vacated or the subject of an order of
   37  remission upon a violation committed prior to September fifteenth, nine-
   38  teen hundred eighty-five, of section  130.30,  130.35,  130.45,  130.50,
   39  130.60,  or  130.65  of  the  penal law, or an offense committed under a
   40  former section of the penal law which would constitute  a  violation  of
   41  the aforesaid sections of the penal law or any offense committed outside
   42  of  this  state  which  would  constitute  a  violation of the aforesaid
   43  sections of the penal law, provided, however,  the  provisions  of  this
   44  subparagraph  shall not apply to convictions, suspensions or revocations
   45  or forfeitures of bonds for collateral upon any of the charges listed in
   46  this subparagraph for  violations  which  occurred  prior  to  September
   47  first, nineteen hundred seventy-four committed by a person employed as a
   48  bus  driver  on September first, nineteen hundred seventy-four. However,
   49  such disqualification may  be  waived  provided  that  five  years  have
   50  expired  since  the applicant was discharged or released from a sentence
   51  of imprisonment imposed  pursuant  to  conviction  of  an  offense  that
   52  requires  disqualification  under  this paragraph and that the applicant
   53  shall have been granted a CERTIFICATE OF RESTORATION, A  certificate  of
   54  relief  from  disabilities  or a certificate of good conduct pursuant to
   55  article twenty-three of the correction  law.  When  the  certificate  is
   56  issued  by  a  court  for  a conviction which occurred in this state, it
       S. 74                               8
    1  shall only  be  issued  by  the  court  having  jurisdiction  over  such
    2  conviction.  Such  certificate  shall  specifically  indicate  that  the
    3  authority granting such certificate has considered the bearing, if  any,
    4  the criminal offense or offenses for which the person was convicted will
    5  have on the applicant's fitness or ability to operate a bus transporting
    6  school  children  to  the  applicant's  prospective employment, prior to
    7  granting such a certificate; or
    8    S 14. Subparagraph (iii) of paragraph d of subdivision  6  of  section
    9  510  of the vehicle and traffic law, as amended by section 29 of part LL
   10  of chapter 56 of the laws of 2010, is amended to read as follows:
   11    (iii) after such documentation, if required, is  accepted,  that  such
   12  person  is granted a CERTIFICATE OF RESTORATION, A certificate of relief
   13  from disabilities or a certificate of good conduct pursuant  to  article
   14  twenty-three of the correction law by the court in which such person was
   15  last penalized.
   16    S  15.  Subparagraph  (iii) of paragraph c of subdivision 2 of section
   17  510-a of the vehicle and traffic law, as amended by section 30  of  part
   18  LL of chapter 56 of the laws of 2010, is amended to read as follows:
   19    (iii)  after  such  documentation, if required, is accepted, that such
   20  person is granted a CERTIFICATE OF RESTORATION, A certificate of  relief
   21  from  disabilities  or a certificate of good conduct pursuant to article
   22  twenty-three of the correction law by the court in which such person was
   23  last penalized.
   24    S 16. Subdivision 2 of section 102 of the alcoholic  beverage  control
   25  law,  as  amended  by  section 1 of part OO of chapter 56 of the laws of
   26  2010, the opening paragraph as separately amended by section 3  of  part
   27  LL  of  chapter  56  of the laws of 2010 and paragraph (g) as separately
   28  amended by chapter 232 of the laws  of  2010,  is  amended  to  read  as
   29  follows:
   30    2.  No  person  holding any license hereunder, other than a license to
   31  sell an alcoholic beverage at retail for off-premises consumption  or  a
   32  license  or  special license to sell an alcoholic beverage at retail for
   33  consumption on the premises where such license authorizes  the  sale  of
   34  liquor,  beer  and/or  wine on the premises of a catering establishment,
   35  hotel, restaurant,  club,  or  recreational  facility,  shall  knowingly
   36  employ  in connection with his OR HER business in any capacity whatsoev-
   37  er, any person, who has been convicted  of  a  felony,  or  any  of  the
   38  following  offenses,  who has not subsequent to such conviction received
   39  an executive pardon therefor removing any  civil  disabilities  incurred
   40  thereby,  a  CERTIFICATE  OF  RESTORATION,  A certificate of relief from
   41  disabilities or a certificate of good conduct pursuant to article  twen-
   42  ty-three  of  the  correction  law,  or  other  relief from disabilities
   43  provided by law, or the written approval of the state  liquor  authority
   44  permitting such employment, to wit:
   45    (a)  Illegally using, carrying or possessing a pistol or other danger-
   46  ous weapon;
   47    (b) Making or possessing burglar's instruments;
   48    (c) Buying or receiving or criminally possessing stolen property;
   49    (d) Unlawful entry of a building;
   50    (e) Aiding escape from prison;
   51    (f) Unlawfully  possessing  or  distributing  habit  forming  narcotic
   52  drugs;
   53    (g) Violating subdivisions six, ten or eleven of section seven hundred
   54  twenty-two  of  the  former penal law as in force and effect immediately
   55  prior to September first, nineteen  hundred  sixty-seven,  or  violating
   56  [sections] SECTION 165.25 or 165.30 of the penal law;
       S. 74                               9
    1    (h) Vagrancy or prostitution; or
    2    (i)  Ownership,  operation,  possession, custody or control of a still
    3  subsequent to July first, nineteen hundred fifty-four.
    4    If, as hereinabove provided, the state  liquor  authority  issues  its
    5  written approval for the employment by a licensee, in a specified capac-
    6  ity, of a person previously convicted of a felony or any of the offenses
    7  above  enumerated,  such  person,  may, unless he OR SHE is subsequently
    8  convicted of a felony or any of such offenses, thereafter be employed in
    9  the same capacity by any other  licensee  without  the  further  written
   10  approval of the authority unless the prior approval given by the author-
   11  ity is terminated.
   12    The  liquor  authority  may  make  such rules as it deems necessary to
   13  carry out the purpose and intent of this subdivision.
   14    As used in this subdivision, "recreational facility" shall  mean:  (i)
   15  premises  that  are  part  of a facility the principal business of which
   16  shall be the providing of recreation in the form of golf, tennis,  swim-
   17  ming,  skiing or boating; and (ii) premises in which the principal busi-
   18  ness shall be the operation of a theatre,  concert  hall,  opera  house,
   19  bowling  establishment,  excursion  and  sightseeing vessel, or accommo-
   20  dation of athletic events, sporting events, expositions and other  simi-
   21  lar  events or occasions requiring the accommodation of large gatherings
   22  of persons.
   23    S 17. Paragraph (d) of subdivision 1 of section 110 of  the  alcoholic
   24  beverage  control law, as amended by chapter 114 of the laws of 2000, is
   25  amended to read as follows:
   26    (d) A statement that such applicant or the applicant's spouse has  not
   27  been  convicted  of  a  crime addressed by the provisions of section one
   28  hundred twenty-six of this article  which  would  forbid  the  applicant
   29  (including  any  officers, directors, shareholders or partners listed in
   30  the statement of identity under paragraph (a) of this subdivision or the
   31  spouse of such person) or the applicant's spouse to traffic in alcoholic
   32  beverages, a statement whether or not the applicant (including any offi-
   33  cers, directors, shareholders or partners listed  in  the  statement  of
   34  identity  under  paragraph  (a) of this subdivision or the spouse of any
   35  such person) or the applicant's  spouse  is  an  official  described  in
   36  section  one  hundred twenty-eight of this article, and a description of
   37  any crime that the applicant (including any officers, directors,  share-
   38  holders  or  partners  listed under paragraph (a) of this subdivision or
   39  the spouse of any such  person)  or  the  applicant's  spouse  has  been
   40  convicted  of and whether such person has received a pardon, CERTIFICATE
   41  OF RESTORATION, certificate of good conduct  or  certificate  of  relief
   42  from disabilities; provided, however, that no person shall be denied any
   43  license solely on the grounds that such person is the spouse of a person
   44  otherwise disqualified from holding a license under this chapter.
   45    S 18. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
   46  age  control  law,  as  amended  by section 50 of subpart B of part C of
   47  chapter 62 of the laws of 2011, are amended to read as follows:
   48    1. Except as provided in subdivision one-a of this section,  a  person
   49  who  has been convicted of a felony or any of the misdemeanors mentioned
   50  in section eleven hundred forty-six of the former penal law as in  force
   51  and  effect  immediately  prior  to  September  first,  nineteen hundred
   52  sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
   53  penal law, unless subsequent to such conviction such person  shall  have
   54  received  an  executive  pardon  therefor  removing  this  disability, a
   55  certificate of RESTORATION OR good conduct granted by the department  of
   56  corrections  and  community supervision, or a certificate of relief from
       S. 74                              10
    1  disabilities granted by the  department  of  corrections  and  community
    2  supervision or a court of this state pursuant to the provisions of arti-
    3  cle  twenty-three  of  the correction law to remove the disability under
    4  this section because of such conviction.
    5    1-a. Notwithstanding the provision of subdivision one of this section,
    6  a  corporation holding a license to traffic in alcoholic beverages shall
    7  not, upon conviction of a felony or any of the misdemeanors or  offenses
    8  described in subdivision one of this section, be automatically forbidden
    9  to  traffic in alcoholic beverages, but the application for a license by
   10  such a corporation shall be subject to denial, and the license of such a
   11  corporation shall be subject to revocation or suspension by the authori-
   12  ty pursuant to section one hundred eighteen of this  [chapter]  ARTICLE,
   13  consistent   with  the  provisions  of  article  twenty-three-A  of  the
   14  correction law. For any felony conviction by a court other than a  court
   15  of  this  state, the authority may request the department of corrections
   16  and community supervision  to  investigate  and  review  the  facts  and
   17  circumstances  concerning  such a conviction, and such department shall,
   18  if so requested, submit its findings to the authority as to whether  the
   19  corporation  has  conducted  itself  in a manner such that discretionary
   20  review by the authority would not be inconsistent with the public inter-
   21  est. The department of corrections and community supervision may  charge
   22  the  licensee or applicant a fee equivalent to the expenses of an appro-
   23  priate investigation under this subdivision. For any conviction rendered
   24  by a court of this state, the authority may request the corporation,  if
   25  the  corporation is eligible for a certificate of RESTORATION, A CERTIF-
   26  ICATE OF relief from disabilities, to seek such a certificate  from  the
   27  court   which   rendered  the  conviction  IN  ACCORDANCE  WITH  ARTICLE
   28  TWENTY-THREE OF THE CORRECTION LAW and to submit such a  certificate  as
   29  part of the authority's discretionary review process.
   30    4.  A  copartnership or a corporation, unless each member of the part-
   31  nership, or each of the principal officers and directors of  the  corpo-
   32  ration,  is a citizen of the United States or an alien lawfully admitted
   33  for permanent residence in the United States, not less  than  twenty-one
   34  years  of  age,  and  has not been convicted of any felony or any of the
   35  misdemeanors, specified in  section  eleven  hundred  forty-six  of  the
   36  former  penal  law as in force and effect immediately prior to September
   37  first, nineteen hundred sixty-seven, or of an offense defined in section
   38  230.20 or 230.40 of the penal law, or  if  so  convicted  has  received,
   39  subsequent  to  such  conviction,  an executive pardon therefor removing
   40  this disability, a certificate of RESTORATION OR good conduct granted by
   41  the department of corrections and community supervision,  or  a  certif-
   42  icate   of  relief  from  disabilities  granted  by  the  department  of
   43  corrections and community supervision or a court of this state  pursuant
   44  to  the  provisions  of  article  twenty-three  of the correction law to
   45  remove the disability under this section  because  of  such  conviction;
   46  provided  however  that  a  corporation  which otherwise conforms to the
   47  requirements of this section and chapter may be licensed if each of  its
   48  principal  officers and more than one-half of its directors are citizens
   49  of the United States or aliens lawfully admitted for permanent residence
   50  in the United States; and provided further that a corporation  organized
   51  under  the  not-for-profit  corporation  law  or the education law which
   52  otherwise conforms to the requirements of this section and  chapter  may
   53  be  licensed if each of its principal officers and more than one-half of
   54  its directors are not less than twenty-one years of age and none of  its
   55  directors are less than eighteen years of age; and provided further that
   56  a  corporation organized under the not-for-profit corporation law or the
       S. 74                              11
    1  education law and located on the premises of a  college  as  defined  by
    2  section  two  of  the  education  law  which  otherwise  conforms to the
    3  requirements of this section and chapter may be licensed if each of  its
    4  principal  officers and each of its directors are not less than eighteen
    5  years of age.
    6    S 19. Subdivision 4 of section 96-z-3 of the agriculture  and  markets
    7  law,  as  amended  by  section 4 of part LL of chapter 56 of the laws of
    8  2010, is amended to read as follows:
    9    (4) applicant, an officer, director, partner, or  holder  of  ten  per
   10  centum or more of the voting stock of an applicant has been convicted of
   11  a felony by a court of the United States or any state or territory ther-
   12  eof,  without  subsequent  pardon  by  the governor or other appropriate
   13  authority  of  the  state  or  jurisdiction  in  which  such  conviction
   14  occurred,  or the receipt of a certificate of RESTORATION, A CERTIFICATE
   15  OF relief from disabilities or a certificate of good conduct pursuant to
   16  article twenty-three of the correction law,
   17    S 20. Paragraph (d) of subdivision 4 of section 129 of the agriculture
   18  and markets law, as amended by section 5 of part LL of chapter 56 of the
   19  laws of 2010, is amended to read as follows:
   20    (d) The applicant or registrant, or an officer, director,  partner  or
   21  holder of ten per centum or more of the voting stock of the applicant or
   22  registrant,  has  been  convicted  of  a felony by a court of the United
   23  States or any state or territory thereof, without subsequent  pardon  by
   24  the governor or other appropriate authority of the state or jurisdiction
   25  in which such conviction occurred, or receipt of a certificate of RESTO-
   26  RATION,  A  CERTIFICATE  OF relief from disabilities or a certificate of
   27  good conduct pursuant to article twenty-three of the correction law;
   28    S 21. Paragraph (c) of subdivision 2 of section  2897  of  the  public
   29  health  law,  as  amended  by section 21 of part LL of chapter 56 of the
   30  laws of 2010, is amended to read as follows:
   31    (c) If a person convicted of a felony or crime deemed hereby to  be  a
   32  felony  is subsequently pardoned by the governor of the state where such
   33  conviction was had, or by the president of the United States,  or  shall
   34  receive a certificate of RESTORATION, A CERTIFICATE OF relief from disa-
   35  bilities  or  a  certificate of good conduct pursuant to article twenty-
   36  three of the correction law for the purpose of removing  the  disability
   37  under  this  section  because  of such conviction, the board may, in its
   38  discretion, on application of such person, and on the submission  to  it
   39  of  satisfactory  evidence, restore to such person the right to practice
   40  nursing home administration in this state.
   41    S 22. Section 3454 of the public health law, as amended by section  22
   42  of  part  LL  of  chapter  56 of the laws of 2010, is amended to read as
   43  follows:
   44    S 3454. Restoration of licenses after conviction of  a  felony.  If  a
   45  person  convicted  of  a felony or crime deemed to be a felony is subse-
   46  quently pardoned by the governor of the state where such conviction  was
   47  had or by the president of the United States, or shall receive a certif-
   48  icate  of  RESTORATION,  A  CERTIFICATE OF relief from disabilities or a
   49  certificate of good conduct pursuant  to  article  twenty-three  of  the
   50  correction  law  to  remove the disability under this section because of
   51  such conviction, the commissioner may, in  his  OR  HER  discretion,  on
   52  application  of  such  person,  and  on  the submission to him OR HER of
   53  satisfactory evidence, restore to such person the right to  practice  in
   54  this state.
       S. 74                              12
    1    S  23.  Paragraph  (a)  of subdivision 2 of section 3510 of the public
    2  health law, as added by chapter 175 of the laws of 2006, is  amended  to
    3  read as follows:
    4    (a)  No  person convicted of a felony shall continue to hold a license
    5  to practice radiologic technology, unless he or she has been granted  an
    6  executive  pardon, a certificate of RESTORATION, A CERTIFICATE OF relief
    7  from disabilities or a certificate of good conduct for such felony  and,
    8  the  commissioner,  in his or her discretion, restores the license after
    9  determining that the individual does not pose a threat to patient health
   10  and safety.
   11    S 24. Paragraph 1 of subdivision (a) of section 189-a of  the  general
   12  municipal  law,  as added by chapter 574 of the laws of 1978, is amended
   13  to read as follows:
   14    (1) a person convicted of a crime who has not  received  a  pardon,  a
   15  certificate  of  RESTORATION, A CERTIFICATE OF good conduct or a certif-
   16  icate of relief from disabilities;
   17    S 25. Paragraph (a) of subdivision 1 of section  191  of  the  general
   18  municipal  law, as amended by section 15 of part LL of chapter 56 of the
   19  laws of 2010, is amended to read as follows:
   20    (a) Issuance of licenses to conduct games of chance. If such clerk  or
   21  department  shall  determine  that the applicant is duly qualified to be
   22  licensed to conduct games of chance under this article; that the  member
   23  or  members  of  the  applicant  designated in the application to manage
   24  games of chance are bona fide active members of the  applicant  and  are
   25  persons  of  good  moral  character  and  have never been convicted of a
   26  crime, or, if convicted, have received a pardon, a certificate of RESTO-
   27  RATION, A CERTIFICATE OF good conduct or a certificate  of  relief  from
   28  disabilities  pursuant  to  article  twenty-three of the correction law;
   29  that such games are to be conducted in accordance with the provisions of
   30  this article and in accordance with the rules  and  regulations  of  the
   31  board  and  applicable  local  laws  or ordinances and that the proceeds
   32  thereof are to be disposed of as provided by this article, and  if  such
   33  clerk  or  department  is  satisfied that no commission, salary, compen-
   34  sation, reward or recompense whatever will  be  paid  or  given  to  any
   35  person  managing, operating or assisting therein except as in this arti-
   36  cle otherwise provided; it shall issue a license to  the  applicant  for
   37  the  conduct of games of chance upon payment of a license fee of twenty-
   38  five dollars for each license period.
   39    S 26. Paragraph (a) of subdivision 1 of section  481  of  the  general
   40  municipal  law, as amended by section 17 of part LL of chapter 56 of the
   41  laws of 2010, is amended to read as follows:
   42    (a) Issuance of licenses to conduct bingo. If the  governing  body  of
   43  the municipality shall determine that the applicant is duly qualified to
   44  be  licensed  to  conduct  bingo  under this article; that the member or
   45  members of the applicant designated in the application to conduct  bingo
   46  are  bona  fide  active members of the applicant and are persons of good
   47  moral character and  have  never  been  convicted  of  a  crime  or,  if
   48  convicted,  have received a pardon [or], A CERTIFICATE OF RESTORATION, a
   49  certificate of good conduct or a certificate of relief from disabilities
   50  pursuant to article twenty-three of the correction law; that such  games
   51  are  to  be  conducted in accordance with the provisions of this article
   52  and in accordance with the rules and regulations of the commission,  and
   53  that  the  proceeds  thereof  are  to be disposed of as provided by this
   54  article, and if the governing body  is  satisfied  that  no  commission,
   55  salary,  compensation,  reward  or  recompense  whatever will be paid or
   56  given to any person holding, operating or conducting or assisting in the
       S. 74                              13
    1  holding, operation and conduct of any such games except as in this arti-
    2  cle otherwise provided; and that no prize will be offered and  given  in
    3  excess  of  the  sum or value of one thousand dollars in any single game
    4  and  that  the  aggregate of all prizes offered and given in all of such
    5  games conducted on a single  occasion,  under  said  license  shall  not
    6  exceed  the  sum  or  value  of three thousand dollars, it shall issue a
    7  license to the applicant for the conduct of  bingo  upon  payment  of  a
    8  license  fee  of  eighteen dollars and seventy-five cents for each bingo
    9  occasion; provided, however, that the governing  body  shall  refuse  to
   10  issue  a license to an applicant seeking to conduct bingo in premises of
   11  a licensed commercial lessor where it determines that the premises pres-
   12  ently owned or occupied by said applicant are in every respect  adequate
   13  and suitable for conducting bingo games.
   14    S  27.  Paragraph  (a)  of subdivision 9 of section 476 of the general
   15  municipal law, as amended by section 16 of part LL of chapter 56 of  the
   16  laws of 2010, is amended to read as follows:
   17    (a)  a  person convicted of a crime who has not received a pardon or a
   18  certificate of RESTORATION, good conduct or a certificate of relief from
   19  disabilities pursuant to article twenty-three of the correction law;
   20    S 28. Paragraph b of subdivision 5 of section 84-a of the town law, as
   21  amended by section 10 of part LL of chapter 56 of the laws of  2010,  is
   22  amended to read as follows:
   23    b. On the reverse side of such envelope shall be printed the following
   24  statement:
   25                         STATEMENT OF ABSENTEE VOTER
   26    I  do declare that I will have been a citizen of the United States for
   27  thirty days, and will be at least eighteen years of age, on the date  of
   28  the  special  town  election;  that  I will have been a resident of this
   29  state and of the town shown on the reverse side  of  this  envelope  for
   30  thirty  days next preceding the said election; that I am or on such date
   31  will be, a registered voter of said town;  that  I  will  be  unable  to
   32  appear  personally on the day of said special town election at the poll-
   33  ing place of the election district in which I am or will be a  qualified
   34  voter  because of the reason stated on my application heretofore submit-
   35  ted; that I have not qualified, or do I intend to vote,  elsewhere  than
   36  as  set  forth  on  the  reverse  side of this envelope; that I have not
   37  received or offered, do not expect to receive, have not paid, offered or
   38  promised to pay, contributed,  offered  or  promised  to  contribute  to
   39  another  to  be  paid  or  used, any money or other valuable thing, as a
   40  compensation or reward for the giving or withholding of a vote  at  this
   41  special  town  election,  and have not made any promise to influence the
   42  giving or withholding of any such votes; that I have not made or  become
   43  directly or indirectly interested in any bet or wager depending upon the
   44  result of this special town election; and that I have not been convicted
   45  of  bribery or any infamous crime, or, if so convicted, that I have been
   46  pardoned or restored to all the rights of a citizen, without restriction
   47  as to the right of suffrage, or received a certificate of RESTORATION, A
   48  CERTIFICATE OF relief from disabilities or a certificate of good conduct
   49  pursuant to article twenty-three of the correction law removing my disa-
   50  bility to register and vote OR MY MAXIMUM SENTENCE OF  IMPRISONMENT  HAS
   51  EXPIRED.
   52    I hereby declare that the foregoing is a true statement to the best of
   53  my  knowledge  and  belief, and I understand that if I make any material
   54  false statement in the foregoing statement of absentee voter, I shall be
   55  guilty of a misdemeanor.
   56      Date.............. Signature of Voter..................
       S. 74                              14
    1    S 29. Paragraph b of subdivision 5 of section 175-b of the  town  law,
    2  as  amended  by section 11 of part LL of chapter 56 of the laws of 2010,
    3  is amended to read as follows:
    4    b.   On the reverse side of such envelope shall be printed the follow-
    5  ing statement:
    6                         STATEMENT OF ABSENTEE VOTER
    7    I do declare that I will have been a citizen of the United States  for
    8  thirty  days, and will be at least eighteen years of age, on the date of
    9  the district election; that I will have been a resident  of  this  state
   10  and  of  the district if any, shown on the reverse side of this envelope
   11  for thirty days next preceding the said election and that  I  am  or  on
   12  such  date  will be, a registered voter of said district; that I will be
   13  unable to appear personally on the day of said district election at  the
   14  polling  place of the said district in which I am or will be a qualified
   15  voter because of the reason stated on my application heretofore  submit-
   16  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
   17  as set forth on the reverse side of  this  envelope;  that  I  have  not
   18  received or offered, do not expect to receive, have not paid, offered or
   19  promised  to  pay,  contributed,  offered  or  promised to contribute to
   20  another to be paid or used, any money or  other  valuable  thing,  as  a
   21  compensation  or  reward for the giving or withholding of a vote at this
   22  district election, and have not made any promise to influence the giving
   23  or withholding of any such votes; that I have not made or become direct-
   24  ly or indirectly interested in any  bet  or  wager  depending  upon  the
   25  result  of this district election; and that I have not been convicted of
   26  bribery or any infamous crime, or, if so convicted,  that  I  have  been
   27  pardoned or restored to all the rights of a citizen, without restriction
   28  as to the right of suffrage, or received a certificate of RESTORATION, A
   29  CERTIFICATE OF relief from disabilities or a certificate of good conduct
   30  pursuant to article twenty-three of the correction law removing my disa-
   31  bility  to  register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS
   32  EXPIRED.
   33    I hereby declare that the foregoing is a true statement to the best of
   34  my knowledge and belief, and I understand that if I  make  any  material
   35  false statement in the foregoing statement of absentee voter, I shall be
   36  guilty of a misdemeanor.
   37    Date..............Signature of Voter..................
   38    S  30.  Paragraph b of subdivision 5 of section 213-b of the town law,
   39  as amended by section 12 of part LL of chapter 56 of the laws  of  2010,
   40  is amended to read as follows:
   41    b.   On the reverse side of such envelope shall be printed the follow-
   42  ing statement:
   43                          STATEMENT OF ABSENTEE VOTER
   44    I do declare that I will have been a citizen of the United States  for
   45  thirty  days, and will be at least eighteen years of age, on the date of
   46  the district election; that I will have been a resident  of  this  state
   47  and  of  the district if any, shown on the reverse side of this envelope
   48  for thirty days next preceding the said election and that  I  am  or  on
   49  such  date  will be, a registered voter of said district; that I will be
   50  unable to appear personally on the day of said district election at  the
   51  polling  place of the said district in which I am or will be a qualified
   52  voter because of the reason stated on my application heretofore  submit-
   53  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
   54  as set forth on the reverse side of  this  envelope;  that  I  have  not
   55  received or offered, do not expect to receive, have not paid, offered or
       S. 74                              15
    1  promised  to  pay,  contributed,  offered  or  promised to contribute to
    2  another to be paid or used, any money or  other  valuable  thing,  as  a
    3  compensation  or  reward for the giving or withholding of a vote at this
    4  district election, and have not made any promise to influence the giving
    5  or withholding of any such votes; that I have not made or become direct-
    6  ly  or  indirectly  interested  in  any  bet or wager depending upon the
    7  result of this district election; and that I have not been convicted  of
    8  bribery  or  any  infamous  crime, or, if so convicted, that I have been
    9  pardoned or restored to all the rights of a citizen, without restriction
   10  as to the right of suffrage, or received a certificate of RESTORATION, A
   11  CERTIFICATE OF relief from disabilities or a certificate of good conduct
   12  pursuant to article twenty-three of the correction law removing my disa-
   13  bility to register and vote OR MY MAXIMUM SENTENCE OF  IMPRISONMENT  HAS
   14  EXPIRED.
   15    I hereby declare that the foregoing is a true statement to the best of
   16  my  knowledge  and  belief, and I understand that if I make any material
   17  false statement in the foregoing statement of absentee voter, I shall be
   18  guilty of a misdemeanor.
   19       Date............. Signature of Voter ..............................
   20    S 31. Paragraph b of subdivision 5 of section 2018-a of the  education
   21  law,  as  amended  by  section 8 of part LL of chapter 56 of the laws of
   22  2010, is amended to read as follows:
   23    b. On the reverse side of such envelope shall be printed the following
   24  statement:
   25                         STATEMENT OF ABSENTEE VOTER
   26    I do declare that I am a citizen of the United States, and will be  at
   27  least  eighteen  years  of  age,  on  the  date  of  the school district
   28  election; that I will have been a resident of  this  state  and  of  the
   29  school  district  and  school  election  district,  if any, shown on the
   30  reverse side of this envelope for thirty days next  preceding  the  said
   31  election  and duly registered in the school district and school election
   32  district, if any, shown on the reverse side of this envelope and that  I
   33  am  or  on such date will be, a qualified voter of said school district;
   34  that I will be unable to appear personally on the  day  of  said  school
   35  district  election  at the polling place of the said district in which I
   36  am or will be a qualified voter because  of  the  reason  stated  on  my
   37  application  heretofore  submitted;  that  I have not qualified, or do I
   38  intend to vote, elsewhere than as set forth on the reverse side of  this
   39  envelope; that I have not received or offered, do not expect to receive,
   40  have not paid, offered or promised to pay, contributed, offered or prom-
   41  ised  to  contribute  to  another to be paid or used, any money or other
   42  valuable thing, as a compensation or reward for the giving or  withhold-
   43  ing  of  a  vote at this school district election, and have not made any
   44  promise to influence the giving or withholding of any such votes; that I
   45  have not made or become directly or indirectly interested in any bet  or
   46  wager  depending  upon  the result of this school district election; and
   47  that I have not been convicted of bribery or any infamous crime, or,  if
   48  so convicted, that I have been pardoned or restored to all the rights of
   49  a  citizen, without restriction as to the right of suffrage, or received
   50  a certificate of RESTORATION, A CERTIFICATE OF relief from  disabilities
   51  or a certificate of good conduct pursuant to article twenty-three of the
   52  correction law removing my disability to register and vote OR MY MAXIMUM
   53  SENTENCE OF IMPRISONMENT HAS EXPIRED.
       S. 74                              16
    1    I hereby declare that the foregoing is a true statement to the best of
    2  my  knowledge  and  belief, and I understand that if I make any material
    3  false statement in the foregoing statement of absentee voter, I shall be
    4  guilty of a misdemeanor.
    5    Date.....................Signature of Voter ..........................
    6    S  32. Paragraph b of subdivision 6 of section 2018-b of the education
    7  law, as amended by section 9 of part LL of chapter 56  of  the  laws  of
    8  2010, is amended to read as follows:
    9    b. On the reverse side of such envelope shall be printed the following
   10  statement:
   11                         STATEMENT OF ABSENTEE VOTER
   12    I  do declare that I am a citizen of the United States, and will be at
   13  least eighteen years of age on the date of the school district election;
   14  that I will have been a  resident  of  this  state  and  of  the  school
   15  district and school election district, if any, shown on the reverse side
   16  of  this  envelope  for thirty days next preceding the said election and
   17  that I am or on such date will be, a  qualified  voter  of  said  school
   18  district;  that I will be unable to appear personally on the day of said
   19  school district election at the polling place of the  said  district  in
   20  which  I am or will be a qualified voter because of the reason stated on
   21  my 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  have
   34  received  a  certificate  of  RESTORATION,  A CERTIFICATE OF relief from
   35  disabilities or a certificate of good conduct pursuant to article  twen-
   36  ty-three  of  the  correction  law  removing my disability to vote OR MY
   37  MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
   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    S  33.  Subdivision  2 of section 69-o of the general business law, as
   44  amended by chapter 575 of the laws  of  1993,  is  amended  to  read  as
   45  follows:
   46    2.  (A)  After  the  filing  of  an applicant's fingerprint cards, the
   47  secretary of state shall forward such fingerprints to  the  division  of
   48  criminal  justice  services to be compared with the fingerprints on file
   49  with the division of criminal justice services  in  order  to  ascertain
       S. 74                              17
    1  whether  the  applicant  has been convicted of a felony involving fraud,
    2  bribery, perjury or theft pursuant to article  one  hundred  forty,  one
    3  hundred  fifty-five,  one  hundred  sixty,  one  hundred sixty-five, one
    4  hundred  seventy, one hundred seventy-five, one hundred seventy-six, one
    5  hundred eighty, one hundred eighty-five, one hundred ninety, one hundred
    6  ninety-five, two hundred or two hundred ten of the penal law; or  has  a
    7  criminal  action  which has been pending for such a felony for under one
    8  year without a final disposition unless adjourned  in  contemplation  of
    9  dismissal;  provided,  however,  that  for the purposes of this article,
   10  none of the  following  shall  be  considered  criminal  convictions  or
   11  reported as such:
   12    [(a)] (I) A conviction which has been vacated and replaced by a youth-
   13  ful  offender  finding  pursuant  to article seven hundred twenty of the
   14  criminal procedure law, or the applicable provisions of law of any other
   15  jurisdiction; or
   16    [(b)] (II) A conviction the records of which  have  been  expunged  or
   17  sealed  pursuant  to the applicable provisions of the laws of this state
   18  or of any other jurisdiction; or
   19    [(c)] (III) A conviction for which a  certificate  of  RESTORATION,  A
   20  CERTIFICATE OF relief from disabilities or a certificate of good conduct
   21  has been issued pursuant to ARTICLE TWENTY-THREE OF the correction law.
   22    (B) The division of criminal justice services shall retain the finger-
   23  print  cards and return the report of such convictions or pending cases,
   24  if any, to the secretary of state who shall retain them in  a  confiden-
   25  tial  file for no more than one year, after which time such report shall
   26  be destroyed.
   27    (C) The secretary of state shall deny the application of any  individ-
   28  ual  convicted  of  a  felony involving fraud, bribery, perjury or theft
   29  pursuant to article one  hundred  forty,  one  hundred  fifty-five,  one
   30  hundred  sixty, one hundred sixty-five, one hundred seventy, one hundred
   31  seventy-five, one hundred seventy-six, one hundred eighty,  one  hundred
   32  eighty-five, one hundred ninety, one hundred ninety-five, two hundred or
   33  two  hundred  ten  of  the penal law; or has a criminal action which has
   34  been pending for such a felony for under one year without a final dispo-
   35  sition unless adjourned in contemplation of dismissal; provided,  howev-
   36  er,  that  for the purposes of this article, none of the following shall
   37  be considered criminal convictions or reported as such:
   38    (i) A conviction which has been vacated and  replaced  by  a  youthful
   39  offender  finding pursuant to article seven hundred twenty of the crimi-
   40  nal procedure law, or the applicable provisions  of  law  of  any  other
   41  jurisdiction; or
   42    (ii)  A  conviction  the records of which have been expunged or sealed
   43  pursuant to the applicable provisions of the laws of this  state  or  of
   44  any other jurisdiction; or
   45    (iii) A conviction for which a certificate of RESTORATION, relief from
   46  disabilities  or  a certificate of good conduct has been issued pursuant
   47  to ARTICLE TWENTY-THREE OF the correction law.
   48    S 34. Subdivision 2 of section 74 of  the  general  business  law,  as
   49  amended  by chapter 680 of the laws of 1967, paragraph (g) as amended by
   50  chapter 232 of the laws of 2010 and paragraph (h) as amended by  section
   51  13  of  part LL of chapter 56 of the laws of 2010, is amended to read as
   52  follows:
   53    2. Except as hereinafter in this subdivision provided, no such license
   54  shall be issued to any person who has been convicted in  this  state  or
   55  any  other  state  or  territory  of  a  felony, or any of the following
   56  offenses, to wit: (a) illegally using, carrying or possessing  a  pistol
       S. 74                              18
    1  or  other  dangerous  weapon; (b) making or possessing burglar's instru-
    2  ments; (c) buying or receiving or criminally possessing stolen property;
    3  (d) unlawful entry of a building; (e) aiding  escape  from  prison;  (f)
    4  unlawfully  possessing or distributing habit forming narcotic drugs; (g)
    5  violating subdivision six of section seven  hundred  twenty-two  of  the
    6  former  penal  law as in force and effect immediately prior to September
    7  first, nineteen hundred sixty-seven,  or  violating  section  165.25  or
    8  165.30  of the penal law; (h) violating section seven hundred forty-two,
    9  section seven hundred forty-three, or section seven  hundred  forty-five
   10  of  the  said  former  penal  law, or violating any section contained in
   11  article two hundred fifty of the penal law.  Except  as  hereinafter  in
   12  this  subdivision  provided,  no  license  shall be issued to any person
   13  whose license has been previously revoked by the department of state  or
   14  the authorities of any other state or territory because of conviction of
   15  any  of  the  offenses specified in this section. The provisions of this
   16  subdivision shall not prevent the issuance of a license  to  any  person
   17  who,  subsequent to his conviction, shall have received executive pardon
   18  therefor removing this disability, or who has received a CERTIFICATE  OF
   19  RESTORATION,  A certificate of relief from disabilities or a certificate
   20  of good conduct pursuant to article twenty-three of the  correction  law
   21  to  remove  the disability under this section because of such conviction
   22  or previous license revocation occasioned thereby.
   23    S 35. Subdivision 1 of section 81 of  the  general  business  law,  as
   24  amended  by  section 14 of part LL of chapter 56 of the laws of 2010, is
   25  amended to read as follows:
   26    1. The holder of any license certificate issued pursuant to this arti-
   27  cle may employ to assist him in his work of private detective or  inves-
   28  tigator or bail enforcement agent as described in section seventy-one of
   29  this  article  and in the conduct of such business as many persons as he
   30  may deem necessary, and shall at all times  during  such  employment  be
   31  legally  responsible  for  the  good conduct in the business of each and
   32  every person so employed.
   33    No holder of any unexpired license certificate issued pursuant to this
   34  article shall knowingly employ in connection with his or its business in
   35  any capacity whatsoever, any person who has been convicted of  a  felony
   36  or  any of the offenses specified in subdivision two of section seventy-
   37  four of this article, and who has  not  subsequent  to  such  conviction
   38  received executive pardon therefor removing this disability, or received
   39  a  certificate of RESTORATION, relief from disabilities or a certificate
   40  of good conduct pursuant to article twenty-three of the  correction  law
   41  to   remove  the  disability  under  this  section  because  of  such  a
   42  conviction, or any person  whose  private  detective  or  investigator's
   43  license  or  bail enforcement agent's license was revoked or application
   44  for such license was denied by the department of state or by the author-
   45  ities of any other state or territory because of conviction  of  any  of
   46  such  offenses.  Should  the  holder of an unexpired license certificate
   47  falsely state or represent that a person is or has been in  his  employ,
   48  such  false statement or misrepresentation shall be sufficient cause for
   49  the revocation of such license. Any person falsely stating or represent-
   50  ing that he is or has been a detective or employed by a detective agency
   51  or that he is or has been a bail enforcement agent or employed by a bail
   52  enforcement agency shall be guilty of a misdemeanor.
   53    S 36. Paragraph 4 of subsection (d) of section 2108 of  the  insurance
   54  law,  as  amended  by section 18 of part LL of chapter 56 of the laws of
   55  2010, is amended to read as follows:
       S. 74                              19
    1    (4) This subsection shall not prevent the employment of or  the  issu-
    2  ance of a license to any person who, subsequent to his conviction, shall
    3  have received executive pardon therefor removing this disability, or who
    4  has received a certificate of RESTORATION, relief from disabilities or a
    5  certificate  of  good  conduct  pursuant  to article twenty-three of the
    6  correction law to remove the disability under this  section  because  of
    7  such conviction or previous license revocation occasioned thereby.
    8    S  37.  Subdivision 6 of section 369 of the banking law, as amended by
    9  chapter 164 of the laws of 2003 and paragraph (b) as amended by  section
   10  6  of  part  LL of chapter 56 of the laws of 2010, is amended to read as
   11  follows:
   12    6. The superintendent may refuse to issue a license pursuant  to  this
   13  article  if  he  shall  find  that the applicant, or any person who is a
   14  director, officer, partner, agent, employee or  substantial  stockholder
   15  of  the applicant, (a) has been convicted of a crime in any jurisdiction
   16  or (b) is associating or consorting with any person who has, or  persons
   17  who  have,  been  convicted  of a crime or crimes in any jurisdiction or
   18  jurisdictions; provided, however,  that  the  superintendent  shall  not
   19  issue  such a license if he shall find that the applicant, or any person
   20  who is a director, officer,  partner,  agent,  employee  or  substantial
   21  stockholder  of  the  applicant,  has  been convicted of a felony in any
   22  jurisdiction or of a crime which, if committed within this state,  would
   23  constitute  a  felony  under  the laws thereof. For the purposes of this
   24  article, a person shall be deemed to have been convicted of a  crime  if
   25  such person shall have pleaded guilty to a charge thereof before a court
   26  or  magistrate,  or shall have been found guilty thereof by the decision
   27  or judgment of a court or magistrate or by the verdict of a jury,  irre-
   28  spective  of  the  pronouncement  of sentence or the suspension thereof,
   29  unless such plea of guilty, or such decision, judgment or verdict, shall
   30  have been set aside, reversed or otherwise abrogated by lawful  judicial
   31  process  or unless the person convicted of the crime shall have received
   32  a pardon therefor from the president of the United States or the  gover-
   33  nor   or  other  pardoning  authority  in  the  jurisdiction  where  the
   34  conviction was had, or shall have received a certificate of RESTORATION,
   35  relief from disabilities or a certificate of good  conduct  pursuant  to
   36  article  twenty-three  of  the  correction  law to remove the disability
   37  under this article because of such  conviction.  The  term  "substantial
   38  stockholder," as used in this subdivision, shall be deemed to refer to a
   39  person  owning  or  controlling  ten  per  centum  or  more of the total
   40  outstanding stock of the corporation in which such person  is  a  stock-
   41  holder.  In  making  a  determination  pursuant to this subdivision, the
   42  superintendent shall require fingerprinting of the applicant. Such fing-
   43  erprints shall be submitted to the division of criminal justice services
   44  for a state criminal history record check, as defined in subdivision one
   45  of section three thousand thirty-five of the education law, and  may  be
   46  submitted to the federal bureau of investigation for a national criminal
   47  history record check.
   48    S 38. Paragraph 5 of subdivision a of section 265.20 of the penal law,
   49  as  amended  by  chapter  235 of the laws of 2007, is amended to read as
   50  follows:
   51    5. Possession of a rifle or shotgun by a person other  than  a  person
   52  who  has  been  convicted  of  a  class  A-I  felony or a violent felony
   53  offense, as defined in subdivision one of section 70.02 of this chapter,
   54  who has been convicted as  specified  in  subdivision  four  of  section
   55  265.01  OF  THIS  ARTICLE  to  whom a certificate of RESTORATION OR good
       S. 74                              20
    1  conduct has been issued [pursuant to section seven  hundred  three-b  of
    2  the correction law].
    3    S  39. Section 751 of the correction law, as amended by chapter 284 of
    4  the laws of 2007, is amended to read as follows:
    5    S 751. Applicability. The provisions of this article  shall  apply  to
    6  any  application by any person for a license or employment at any public
    7  or private employer, who has previously been convicted of  one  or  more
    8  criminal offenses in this state or in any other jurisdiction, and to any
    9  license or employment held by any person whose conviction of one or more
   10  criminal  offenses  in  this state or in any other jurisdiction preceded
   11  such employment or granting of  a  license,  except  where  a  mandatory
   12  forfeiture,  disability  or bar to employment is imposed by law, and has
   13  not been removed by an executive pardon, OR A  certificate  of  RESTORA-
   14  TION,  relief  from disabilities or certificate of good conduct. Nothing
   15  in this article shall be construed to affect any right an  employer  may
   16  have with respect to an intentional misrepresentation in connection with
   17  an  application  for employment made by a prospective employee or previ-
   18  ously made by a current employee.
   19    S 40. Subdivision 2 of section 753 of the correction law, as added  by
   20  chapter 931 of the laws of 1976, is amended to read as follows:
   21    2.  In making a determination pursuant to section seven hundred fifty-
   22  two of this [chapter] ARTICLE, the public  agency  or  private  employer
   23  shall  also  give  consideration to a certificate of RESTORATION, relief
   24  from disabilities or a certificate of good conduct issued to the  appli-
   25  cant,  which certificate shall create a presumption of rehabilitation in
   26  regard to the offense or offenses specified therein.
   27    S 41. The closing paragraph of subdivision 4 of section  79-a  of  the
   28  civil  rights  law,  as amended by section 7 of part LL of chapter 56 of
   29  the laws of 2010, is amended to read as follows:
   30    5. Nothing in this section shall be deemed to preclude the issuance of
   31  a certificate of relief from disabilities, CERTIFICATE OF RESTORATION or
   32  a certificate of good conduct pursuant to article  twenty-three  of  the
   33  correction  law  to a person who previously has been sentenced to impri-
   34  sonment for life.
   35    S 42. The first undesignated paragraph of section 440-a  of  the  real
   36  property  law,  as amended by section 23 of part LL of chapter 56 of the
   37  laws of 2010, is amended to read as follows:
   38    No person, co-partnership, limited liability  company  or  corporation
   39  shall engage in or follow the business or occupation of, or hold himself
   40  or itself out or act temporarily or otherwise as a real estate broker or
   41  real  estate  salesman  in  this state without first procuring a license
   42  therefor as provided in this article. No person shall be entitled  to  a
   43  license  as  a real estate broker under this article, either as an indi-
   44  vidual or as a member of a co-partnership, or as a member or manager  of
   45  a limited liability company or as an officer of a corporation, unless he
   46  or she is twenty years of age or over, a citizen of the United States or
   47  an alien lawfully admitted for permanent residence in the United States.
   48  No person shall be entitled to a license as a real estate salesman under
   49  this  article  unless  he  or  she is over the age of eighteen years. No
   50  person shall be entitled to a license as a real estate  broker  or  real
   51  estate  salesman under this article who has been convicted in this state
   52  or elsewhere of a felony, of a sex offense, as  defined  in  subdivision
   53  two  of  section  one hundred sixty-eight-a of the correction law or any
   54  offense committed outside of this state which  would  constitute  a  sex
   55  offense,  or a sexually violent offense, as defined in subdivision three
   56  of section one hundred  sixty-eight-a  of  the  correction  law  or  any
       S. 74                              21
    1  offense  committed  outside this state which would constitute a sexually
    2  violent offense, and who has not subsequent to such conviction  received
    3  executive  pardon  therefor or a certificate of RESTORATION, relief from
    4  disabilities  or a certificate of good conduct pursuant to article twen-
    5  ty-three of the correction law, to  remove  the  disability  under  this
    6  section  because  of  such  conviction. No person shall be entitled to a
    7  license as a real estate broker or real estate salesman under this arti-
    8  cle who does not meet the requirements of section 3-503 of  the  general
    9  obligations law.
   10    S 43. Paragraph (a) of subdivision 1 of section 20-438 of the adminis-
   11  trative code of the city of New York is amended to read as follows:
   12    (a)  Issuance of licenses to conduct games of chance.  If such depart-
   13  ment shall determine that the applicant is duly qualified to be licensed
   14  to conduct games of chance under this subchapter; that  the  members  of
   15  the  applicant  designated in the application to conduct games of chance
   16  are bona fide active members of the applicant and are  persons  of  good
   17  moral  character  and  have  never  been  convicted  of  a crime, or, if
   18  convicted, have received a pardon or a certificate of RESTORATION  OR  A
   19  CERTIFICATE  OF  good  conduct;  that  such games are to be conducted in
   20  accordance with the provisions of this subchapter and in accordance with
   21  the rules and regulations of the board and that the proceeds thereof are
   22  to be disposed of as provided by this subchapter; and if such department
   23  is satisfied that no commission, salary, compensation, reward or  recom-
   24  pense whatever will be paid or given to any person holding, operating or
   25  conducting  or  assisting  in  the holding, operation and conduct of any
   26  such games except as in this subchapter otherwise provided; and that  no
   27  prize will be given in excess of the sum or value of one hundred dollars
   28  in  any  single  game  and that the aggregate of all prizes given on one
   29  occasion, under said license shall not exceed the sum or  value  of  one
   30  thousand  dollars, the department shall issue a license to the applicant
   31  for the conduct of games of chance upon payment  of  a  license  fee  of
   32  twenty-five dollars for each license period.
   33    S  44.  Paragraph  (a)  of subdivision 5 of section 2806 of the public
   34  health law, as amended by section 20 of part LL of  chapter  56  of  the
   35  laws of 2010, is amended to read as follows:
   36    (a)  Except as provided in paragraphs (b) and (d) of this subdivision,
   37  anything contained in this section or in a certificate  of  RESTORATION,
   38  relief  from disabilities or a certificate of good conduct issued pursu-
   39  ant to article twenty-three  of  the  correction  law  to  the  contrary
   40  notwithstanding,  a  hospital  operating certificate of a hospital under
   41  control of a controlling person as defined in paragraph (a) of  subdivi-
   42  sion  twelve  of  section twenty-eight hundred one-a of this article, or
   43  under control of any other entity, shall be revoked upon  a  finding  by
   44  the department that such controlling person or any individual, member of
   45  a  partnership  or  shareholder  of a corporation to whom or to which an
   46  operating certificate has been issued, has been convicted of a class  A,
   47  B or C felony, or a felony related in any way to any activity or program
   48  subject  to  the  regulations,  supervision,  or  administration  of the
   49  department or of the office of temporary and disability assistance or in
   50  violation of the public officers law in a court of  competent  jurisdic-
   51  tion  in  the state, or of a crime outside the state which, if committed
   52  within the state, would have been a class A, B or C felony or  a  felony
   53  related  in  any  way  to  any  activity or program subject to the regu-
   54  lations, supervision, or administration of  the  department  or  of  the
   55  office  of  temporary  and  disability assistance or in violation of the
   56  public officers law.
       S. 74                              22
    1    S 45. Subdivision 5 of section 530 of the vehicle and traffic law,  as
    2  amended  by  section 31 of part LL of chapter 56 of the laws of 2010, is
    3  amended to read as follows:
    4    (5) A restricted use license or privilege shall be valid for the oper-
    5  ation  of  any  motor  vehicle,  except a vehicle for hire as a taxicab,
    6  livery, coach, limousine, van or wheelchair accessible van or tow  truck
    7  as  defined  in this chapter subject to the conditions set forth herein,
    8  which the holder would otherwise be entitled to operate had his  drivers
    9  license  or  privilege  not  been  suspended or revoked. Notwithstanding
   10  anything to the contrary in a certificate of  RESTORATION,  relief  from
   11  disabilities or a certificate of good conduct issued pursuant to article
   12  twenty-three  of  the correction law, a restricted use license shall not
   13  be valid for the operation of a commercial motor vehicle.  A  restricted
   14  use  license  shall not be valid for the operation of a vehicle for hire
   15  as a taxicab, livery, coach, limousine, van or wheelchair accessible van
   16  or tow truck where the holder thereof had his  or  her  drivers  license
   17  suspended  or revoked and (i) such suspension or revocation is mandatory
   18  pursuant to the provisions of subdivision two or two-a of  section  five
   19  hundred ten of this title; or (ii) any such suspension is permissive for
   20  habitual  or  persistent  violations  of  this  chapter or any local law
   21  relating to traffic as set forth in paragraph  d  or  i  of  subdivision
   22  three  of  section  five  hundred  ten  of this title; or (iii) any such
   23  suspension is permissive and has been imposed by a  magistrate,  justice
   24  or  judge  of  any city, town or village, any supreme court justice, any
   25  county judge, or judge of a district  court.  Except  for  a  commercial
   26  motor  vehicle  as  defined  in subdivision four of section five hundred
   27  one-a of this title, the restrictions on types of vehicles which may  be
   28  operated  with  a restricted license contained in this subdivision shall
   29  not be applicable to a restricted  license  issued  to  a  person  whose
   30  license  has  been  suspended pursuant to paragraph three of subdivision
   31  four-e of section five hundred ten of this title.
   32    S 46. Item (ii) of clause (b) of subparagraph 12 of paragraph  (b)  of
   33  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
   34  by  section  32 of part LL of chapter 56 of the laws of 2010, is amended
   35  to read as follows:
   36    (ii) that such person is granted a certificate of RESTORATION,  relief
   37  from  disabilities  or a certificate of good conduct pursuant to article
   38  twenty-three of the correction law.
   39    Provided, however, that the commissioner may, on a case by case basis,
   40  refuse to restore a license which otherwise would be  restored  pursuant
   41  to this item, in the interest of the public safety and welfare.
   42    S 47. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
   43  of  the  vehicle and traffic law, as amended by section 34 of part LL of
   44  chapter 56 of the laws of 2010, is amended to read as follows:
   45    (1) Notwithstanding anything to the contrary contained  in  a  certif-
   46  icate  of RESTORATION, relief from disabilities or a certificate of good
   47  conduct issued pursuant to article twenty-three of the  correction  law,
   48  where a suspension or revocation, other than a revocation required to be
   49  issued  by  the  commissioner, is mandatory pursuant to paragraph (a) or
   50  (b) of this subdivision, the magistrate, justice or judge shall issue an
   51  order suspending or revoking  such  license  upon  sentencing,  and  the
   52  license  holder  shall  surrender  such  license to the court. Except as
   53  hereinafter provided, such suspension or revocation  shall  take  effect
   54  immediately.
   55    S  48. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of
   56  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
       S. 74                              23
    1  by section 33 of part LL of chapter 56 of the laws of 2010,  is  amended
    2  to read as follows:
    3    (iii) after such documentation is accepted, that such person is grant-
    4  ed  a  certificate of RESTORATION, relief from disabilities or a certif-
    5  icate of good conduct pursuant to article twenty-three of the correction
    6  law.
    7    S 49. Item (iii) of clause a of subparagraph 3  of  paragraph  (e)  of
    8  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
    9  by  section  35 of part LL of chapter 56 of the laws of 2010, is amended
   10  to read as follows:
   11    (iii) after such documentation is accepted, that such person is grant-
   12  ed a certificate of RESTORATION, relief from disabilities or  a  certif-
   13  icate of good conduct pursuant to article twenty-three of the correction
   14  law.
   15    S  50.  Item  (iii)  of clause c of subparagraph 1 of paragraph (d) of
   16  subdivision 2 of section 1194 of the vehicle and traffic law, as amended
   17  by section 37 of part LL of chapter 56 of the laws of 2010,  is  amended
   18  to read as follows:
   19    (iii) after such documentation is accepted, that such person is grant-
   20  ed  a  certificate of RESTORATION, relief from disabilities or a certif-
   21  icate of good conduct pursuant to article twenty-three of the correction
   22  law by the court in which such person was last penalized.
   23    S 51. Paragraph (g) of subdivision 7 of section 1196  of  the  vehicle
   24  and  traffic  law,  as amended by section 38 of part LL of chapter 56 of
   25  the laws of 2010, is amended to read as follows:
   26    (g) Notwithstanding anything to the contrary contained  in  a  certif-
   27  icate  of RESTORATION, relief from disabilities or a certificate of good
   28  conduct issued pursuant to article twenty-three of the  correction  law,
   29  any  conditional  license or privilege issued to a person convicted of a
   30  violation of any subdivision of section  eleven  hundred  ninety-two  of
   31  this  article  shall  not  be  valid for the operation of any commercial
   32  motor vehicle. In addition, no such  conditional  license  or  privilege
   33  shall  be  valid for the operation of a taxicab as defined in this chap-
   34  ter.
   35    S 52. This act shall take effect on  the  one  hundred  eightieth  day
   36  after  it shall have become a law provided, however, that the amendments
   37  to subdivision 5 of section 530 of the vehicle and traffic law  made  by
   38  section  forty-five  of this act shall not affect the expiration of such
   39  subdivision and shall be deemed to expire therewith.