S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3993
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2015
                                      ___________
       Introduced  by  M.  of  A. AUBRY, LENTOL, WRIGHT, GLICK, CAMARA, JAFFEE,
         ROBINSON -- Multi-Sponsored by -- M. of A. CAHILL,  CLARK,  GOTTFRIED,
         HEASTIE,  HIKIND,  MARKEY,  PEOPLES-STOKES, PERRY, TITONE -- read once
         and referred to the Committee on Correction
       AN ACT to amend the correction law, the executive law, the tax law,  the
         alcoholic  beverage  control law, the agriculture and markets law, the
         public health law, the general municipal law, the town law, the educa-
         tion law, the general business law, the  insurance  law,  the  banking
         law,  the  penal law, the civil rights law, the real property law, the
         administrative code of the city of New York and the vehicle and  traf-
         fic  law,  in relation to establishing a certificate of restoration to
         replace the certificate of good conduct and the certificate of  relief
         from  disabilities; and to repeal certain provisions of the correction
         law relating to certificates of good conduct
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (a)  of  subdivision  1  of section 700 of the
    2  correction law, as amended by chapter  342  of  the  laws  of  1972,  is
    3  amended to read as follows:
    4    (a)  "Eligible offender" shall mean a person who has been convicted of
    5  a crime or of an offense[, but who has not been convicted more than once
    6  of a felony].
    7    S 2. Section 701 of the correction law, as amended by chapter  342  of
    8  the laws of 1972, subdivision 2 as amended by chapter 235 of the laws of
    9  2007, is amended to read as follows:
   10    S  701.  Certificate  of  [relief from disabilities] RESTORATION. 1. A
   11  certificate of [relief from disabilities] RESTORATION may be granted  as
   12  provided  in this article to relieve an eligible offender of any forfei-
   13  ture or disability, or to remove any bar  to  his  employment,  automat-
   14  ically imposed by law by reason of his conviction of the crime or of the
   15  offense  specified  therein.  Such  certificate may be limited to one or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07712-01-5
       A. 3993                             2
    1  more enumerated forfeitures, disabilities or bars, or  may  relieve  the
    2  eligible  offender of all forfeitures, disabilities and bars. [Provided,
    3  however, that no such certificate shall apply, or be construed so as  to
    4  apply,  to  the  right  of  such  person to retain or to be eligible for
    5  public office.]
    6    2. Notwithstanding any other provision of law, except subdivision five
    7  of section twenty-eight hundred six of the public health  law  or  para-
    8  graph  (b)  of subdivision two of section eleven hundred ninety-three of
    9  the vehicle and traffic law, a conviction of a crime or  of  an  offense
   10  specified  in  a  certificate  of [relief from disabilities] RESTORATION
   11  shall not cause automatic  forfeiture  of  any  license,  other  than  a
   12  license  issued  pursuant to section 400.00 of the penal law to a person
   13  convicted of a class A-I felony or a violent felony offense, as  defined
   14  in  subdivision  one  of section 70.02 of the penal law, permit, employ-
   15  ment, or franchise, including the right to register for or  vote  at  an
   16  election,  or automatic forfeiture of any other right or privilege, held
   17  by the eligible offender and covered by the certificate. Nor shall  such
   18  conviction  be  deemed  to  be  a  conviction  within the meaning of any
   19  provision of law that imposes, by reason of a conviction, a bar  to  any
   20  employment, a disability to exercise any right, or a disability to apply
   21  for  or  to receive any license, permit, or other authority or privilege
   22  covered by the certificate; provided, however, that a conviction  for  a
   23  second  or  subsequent  violation  of  any subdivision of section eleven
   24  hundred ninety-two of the vehicle and traffic law committed  within  the
   25  preceding ten years shall impose a disability to apply for or receive an
   26  operator's  license during the period provided in such law; and provided
   27  further, however, that a conviction for a class A-I felony or a  violent
   28  felony  offense,  as  defined in subdivision one of section 70.02 of the
   29  penal law, shall impose a disability to apply for or receive  a  license
   30  or  permit issued pursuant to section 400.00 of the penal law. A certif-
   31  icate of [relief from a  disability]  RESTORATION  imposed  pursuant  to
   32  subparagraph  (v) of paragraph b of subdivision two and paragraphs i and
   33  j of subdivision six of section five hundred  ten  of  the  vehicle  and
   34  traffic  law  may  only  be  issued upon a determination that compelling
   35  circumstances warrant such relief.
   36    3. A certificate of [relief from disabilities] RESTORATION shall  not,
   37  however,  in  any way prevent any judicial, administrative, licensing or
   38  other body, board or authority from relying upon the  conviction  speci-
   39  fied therein as the basis for the exercise of its discretionary power to
   40  suspend,  revoke, refuse to issue or refuse to renew any license, permit
   41  or other authority or privilege.
   42    S 3. Intentionally omitted.
   43    S 4. Section 702 of the correction law, as amended by chapter  342  of
   44  the  laws  of 1972, the section heading as amended by chapter 931 of the
   45  laws of 1976, subdivision 1 as amended by chapter 488  of  the  laws  of
   46  2011,  subdivision 3 as amended by section 64 of part A of chapter 56 of
   47  the laws of 2010 and subdivisions 4 and 6 as amended by  section  32  of
   48  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
   49  read as follows:
   50    S 702. Certificates of [relief from disabilities]  RESTORATION  issued
   51  by  courts.  1. Any court of this state [may, in its discretion,] SHALL,
   52  ABSENT A FINDING THAT  ISSUANCE  OF  SUCH  CERTIFICATE  WILL  JEOPARDIZE
   53  PUBLIC  SAFETY, issue a certificate of [relief from disabilities] RESTO-
   54  RATION AT  THE  TIME  OF  SENTENCING  to  an  eligible  offender  for  a
   55  conviction that occurred in such court, if the court [either (a) imposed
   56  a  revocable sentence or (b)] imposed a sentence other than one executed
       A. 3993                             3
    1  by commitment to an institution under  the  jurisdiction  of  the  state
    2  department  of  corrections  and community supervision. Such certificate
    3  [may be] issued [(i)] at the time sentence is pronounced[, in which case
    4  it] may grant relief from forfeitures, as well as from disabilities[, or
    5  (ii)  at any time thereafter, in which case it shall apply only to disa-
    6  bilities].   Where such court either imposes  a  revocable  sentence  or
    7  imposes  a sentence other than one executed by commitment to an institu-
    8  tion under the jurisdiction of the state department of  corrections  and
    9  community  supervision,  the  court,  upon application and in accordance
   10  with subdivision two of this  section,  shall  initially  determine  the
   11  fitness  of an eligible offender for such certificate prior to or at the
   12  time sentence is pronounced. WHERE THE COURT FINDS THAT ISSUANCE OF  THE
   13  CERTIFICATE  AT  SENTENCING  WILL JEOPARDIZE PUBLIC SAFETY, SUCH CERTIF-
   14  ICATE SHALL BE ISSUED AS FOLLOWS:
   15    (A) FOR AN OFFENDER WHO RECEIVES A REVOCABLE SENTENCE,  SUCH  OFFENDER
   16  SHALL  BE ISSUED SUCH CERTIFICATE AFTER SERVING ONE YEAR OF SUCH REVOCA-
   17  BLE SENTENCE IMPOSED BY THE COURT PROVIDED THAT SUCH  OFFENDER  HAS  NOT
   18  BEEN CONVICTED OF A NEW CRIME DURING THAT TIME AND IS NOT THE SUBJECT OF
   19  AN UNDISPOSED ARREST. SUCH CERTIFICATE SHALL APPLY ONLY TO DISABILITIES.
   20  IN ORDER TO RECEIVE SUCH A CERTIFICATE, THE ELIGIBLE OFFENDER MUST APPLY
   21  TO THE COURT IN WHICH THEY WERE SENTENCED.
   22    (B)  FOR AN OFFENDER WHO RECEIVES A DEFINITE SENTENCE OF IMPRISONMENT,
   23  SUCH OFFENDER SHALL BE ISSUED SUCH CERTIFICATE ONE  YEAR  AFTER  RELEASE
   24  FROM INCARCERATION PROVIDED THAT SUCH OFFENDER HAS NOT BEEN CONVICTED OF
   25  A  NEW  CRIME  DURING  THAT TIME AND IS NOT THE SUBJECT OF AN UNDISPOSED
   26  ARREST. SUCH CERTIFICATE SHALL APPLY ONLY TO DISABILITIES.  IN ORDER  TO
   27  RECEIVE  SUCH  A  CERTIFICATE,  THE  ELIGIBLE OFFENDER MUST APPLY TO THE
   28  COURT IN WHICH THEY WERE SENTENCED.
   29    IN CALCULATING THE ONE YEAR PERIODS UNDER PARAGRAPHS (A)  AND  (B)  OF
   30  THIS  SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE PERSON WAS INCAR-
   31  CERATED FOR ANY REASON BETWEEN THE TIME OF CONVICTION AND  THE  DATE  ON
   32  WHICH  THE ELIGIBLE OFFENDER BECOMES ELIGIBLE FOR A CERTIFICATE SHALL BE
   33  EXCLUDED AND SUCH ONE YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
   34  ODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
   35    2. [Such] THE RELIEF GRANTED BY SUCH certificate shall [not be  issued
   36  by the court unless the court is satisfied that:
   37    (a) The person to whom it is to be granted is an eligible offender, as
   38  defined in section seven hundred;
   39    (b) The relief to be granted by the certificate is] BE consistent with
   40  the rehabilitation of the eligible offender[;] and
   41    [(c)  The  relief  to  be granted by the certificate is] BE consistent
   42  with the public interest.
   43    3. [Where a certificate of relief from disabilities is not  issued  at
   44  the  time sentence is pronounced it shall only be issued thereafter upon
   45  verified application to the court. The court may,  for  the  purpose  of
   46  determining  whether  such  certificate  shall  be  issued,  request its
   47  probation service to conduct an investigation of the  applicant,  or  if
   48  the  court has no probation service it may request the probation service
   49  of the county court for the county in which  the  court  is  located  to
   50  conduct  such  investigation. Any probation officer requested to make an
   51  investigation pursuant to this section shall prepare and submit  to  the
   52  court a written report in accordance with such request.
   53    4.]  Where  the court has imposed a revocable sentence and the certif-
   54  icate of [relief from disabilities] RESTORATION is issued prior  to  the
   55  expiration  or  termination  of the time which the court may revoke such
   56  sentence, the certificate shall be deemed to be a temporary  certificate
       A. 3993                             4
    1  until  such  time  as  the  court's authority to revoke the sentence has
    2  expired or is terminated. While temporary, such certificate (a)  may  be
    3  revoked  by  the  court for violation of the conditions of the sentence,
    4  and  (b)  shall  be  revoked by the court if it revokes the sentence and
    5  commits the person to an institution under the jurisdiction of the state
    6  department of corrections and community supervision. Any such revocation
    7  shall be upon notice and after  an  opportunity  to  be  heard.  If  the
    8  certificate  is  not so revoked, it shall become a permanent certificate
    9  upon expiration or termination of the court's authority  to  revoke  the
   10  sentence.
   11    [5]  4.  Any court that has issued a certificate of [relief from disa-
   12  bilities] RESTORATION may at any time issue a new certificate to enlarge
   13  the relief previously granted, provided, however, that the provisions of
   14  subdivisions one through [four] THREE of this section shall apply to the
   15  issuance of any such new certificate.
   16    [6.] 5. Any written report submitted to the court  [pursuant  to]  FOR
   17  THE  PURPOSES OF this section is confidential and may not be made avail-
   18  able to any person or public or private agency except where specifically
   19  required or permitted by statute or upon specific authorization  of  the
   20  court. However, upon the court's receipt of such report, the court shall
   21  provide a copy of such report, or direct that such report be provided to
   22  the  applicant's attorney, or the applicant himself, if he or she has no
   23  attorney. In its discretion, the court may except from disclosure a part
   24  or parts of the report which are not  relevant  to  the  granting  of  a
   25  certificate,  or  sources  of  information which have been obtained on a
   26  promise of confidentiality, or any other portion thereof, disclosure  of
   27  which  would  not be in the interest of justice. The action of the court
   28  excepting information from disclosure  shall  be  subject  to  appellate
   29  review.  The  court,  in  its  discretion, may hold a conference in open
   30  court or in chambers to afford an applicant an opportunity to controvert
   31  or to comment upon any portions  of  the  report.  The  court  may  also
   32  conduct  a  summary  hearing at the conference on any matter relevant to
   33  the granting of the application and may take testimony under oath.
   34    S 5. Section 703 of the correction law, as amended by  section  34  of
   35  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
   36  read as follows:
   37    S 703. Certificates of [relief from disabilities]  RESTORATION  issued
   38  by  the  department  of  corrections  and  community supervision. 1. The
   39  department of corrections and  community  supervision  shall  [have  the
   40  power  to] issue a certificate of [relief from disabilities] RESTORATION
   41  to:
   42    (a) any eligible offender who has been  committed  to  an  institution
   43  under the jurisdiction of the state department of corrections and commu-
   44  nity  supervision WHO SUCCESSFULLY EARNED MERIT TIME OR A CERTIFICATE OF
   45  EARNED ELIGIBILITY DURING THEIR PERIOD OF INCARCERATION.   Such  certif-
   46  icate  [may]  SHALL be issued by the department at the time the offender
   47  is released from such institution under the department's supervision [or
   48  otherwise or at any time thereafter]. IF SUCH ELIGIBLE OFFENDER DID  NOT
   49  EARN  MERIT TIME OR A CERTIFICATE OF EARNED ELIGIBILITY, THE BOARD SHALL
   50  ISSUE SUCH CERTIFICATE AT THE TIME OF SUCH ELIGIBLE  OFFENDER'S  RELEASE
   51  FROM  PRISON  UNLESS  IT IS DETERMINED THAT THE ISSUANCE OF SUCH CERTIF-
   52  ICATE WOULD JEOPARDIZE PUBLIC SAFETY. IF SUCH CERTIFICATE IS NOT  ISSUED
   53  UPON  SUCH  ELIGIBLE OFFENDER'S RELEASE FROM PRISON, SUCH OFFENDER SHALL
   54  BE ISSUED A CERTIFICATE BY THE BOARD OF PAROLE AFTER TWO YEARS OF  UNRE-
   55  VOKED  PAROLE,  CONDITIONAL  RELEASE OR POST-RELEASE SUPERVISION.   SUCH
       A. 3993                             5
    1  INDIVIDUAL SHALL APPLY TO THE BOARD OF PAROLE IN ORDER TO  RECEIVE  SUCH
    2  CERTIFICATE.
    3    IN CALCULATING THE TWO YEAR PERIOD UNDER THIS PARAGRAPH, ANY PERIOD OF
    4  TIME DURING WHICH THE PERSON WAS INCARCERATED FOR ANY REASON BETWEEN THE
    5  TIME  OF  CONVICTION AND THE DATE ON WHICH THE ELIGIBLE OFFENDER BECOMES
    6  ELIGIBLE FOR A CERTIFICATE SHALL BE EXCLUDED AND SUCH  TWO  YEAR  PERIOD
    7  SHALL  BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED UNDER
    8  SUCH INCARCERATION;
    9    (b) any eligible offender who resides  within  this  state  and  whose
   10  judgment of conviction was rendered by a court in any other jurisdiction
   11  WHERE SUCH ELIGIBLE OFFENDER APPLIES FOR SUCH CERTIFICATE, IS NOT INCAR-
   12  CERATED  AT  THE TIME OF THE APPLICATION AND IS NOT SUBJECT TO AN UNDIS-
   13  POSED ARREST, UNLESS THE BOARD DETERMINES  THAT  THE  ISSUANCE  OF  SUCH
   14  CERTIFICATE WOULD JEOPARDIZE PUBLIC SAFETY. IF A CERTIFICATE OF RESTORA-
   15  TION IS NOT ISSUED AT THE TIME OF THE APPLICATION, THE BOARD SHALL ISSUE
   16  A  CERTIFICATE  TO SUCH ELIGIBLE OFFENDER ONE YEAR AFTER THE DATE OF THE
   17  APPLICATION WHERE THE JUDGMENT OF CONVICTION WAS FOR A  MISDEMEANOR  AND
   18  TWO  YEARS  AFTER  THE  DATE  OF  THE  APPLICATION WHERE THE JUDGMENT OF
   19  CONVICTION WAS FOR A FELONY, PROVIDED THAT SUCH OFFENDER  HAS  NOT  BEEN
   20  CONVICTED OF A NEW CRIME AND IS NOT THE SUBJECT OF AN UNDISPOSED ARREST.
   21    2. Where the department has issued a certificate of [relief from disa-
   22  bilities]  RESTORATION,  the  department  may  at  any  time issue a new
   23  certificate enlarging the relief previously granted.
   24    3. The RELIEF GRANTED BY THE department [shall not  issue  any]  IN  A
   25  certificate  of  [relief  from  disabilities]  RESTORATION  pursuant  to
   26  [subdivisions] SUBDIVISION one or two[, unless the department is  satis-
   27  fied that:
   28    (a) The person to whom it is to be granted is an eligible offender, as
   29  defined in section seven hundred;
   30    (b)  The  relief  to be granted by the certificate is] OF THIS SECTION
   31  SHALL BE consistent with the rehabilitation of the eligible  offender[;]
   32  and
   33    [(c)  The  relief  to  be granted by the certificate is] BE consistent
   34  with the public interest.
   35    4. Any certificate of [relief from disabilities] RESTORATION issued by
   36  the department to an eligible offender who at time of  the  issuance  of
   37  the  certificate  is under the department's supervision, shall be deemed
   38  to be a temporary certificate until such time as the  eligible  offender
   39  is  discharged  from the department's supervision, and, while temporary,
   40  such certificate may be revoked by the department for violation  of  the
   41  conditions  of community supervision. Revocation shall be upon notice to
   42  the releasee, who shall  be  accorded  an  opportunity  to  explain  the
   43  violation  prior  to  decision  thereon.  If  the  certificate is not so
   44  revoked, it shall become a  permanent  certificate  upon  expiration  or
   45  termination of the department's jurisdiction over the individual.
   46    5. In granting or revoking a certificate of [relief from disabilities]
   47  RESTORATION  the  action  of  the  department shall be deemed a judicial
   48  function and shall not be reviewable if done according to law.
   49    6. For the purpose of determining whether such  certificate  shall  be
   50  issued, the department may conduct an investigation of the applicant.
   51    7. Presumption based on federal recommendation. Where a certificate of
   52  [relief  from  disabilities] RESTORATION is sought pursuant to paragraph
   53  (b) of subdivision one of this  section  on  a  judgment  of  conviction
   54  rendered by a federal district court in this state and the department is
   55  in  receipt of a written recommendation in favor of the issuance of such
   56  certificate from the  chief  probation  officer  of  the  district,  the
       A. 3993                             6
    1  department  shall  issue the requested certificate, unless it finds that
    2  the requirements of [paragraphs (a), (b) and (c) of]  subdivision  three
    3  of  this  section  have  not  been  satisfied;  or that the interests of
    4  justice would not be advanced by the issuance of the certificate.
    5    S 6. Section 703-a of the correction law is REPEALED.
    6    S 7. Section 703-b of the correction law is REPEALED.
    7    S 8. Section 704 of the correction law, as added by chapter 654 of the
    8  laws of 1966, is amended to read as follows:
    9    S  704.  Effect of revocation; use of revoked certificate.  1. Where a
   10  certificate of [relief from disabilities] RESTORATION is  deemed  to  be
   11  temporary  and such certificate is revoked, disabilities and forfeitures
   12  thereby relieved shall be reinstated as  of  the  date  upon  which  the
   13  person  to  whom  the  certificate was issued receives written notice of
   14  such revocation. Any such person  shall  upon  receipt  of  such  notice
   15  surrender the certificate to the issuing court or board.
   16    2.  A  person who knowingly uses or attempts to use, a revoked certif-
   17  icate of [relief from disabilities] RESTORATION in order to obtain or to
   18  exercise any right or privilege that he would not be entitled to  obtain
   19  or  to  exercise without a valid certificate shall be guilty of a misde-
   20  meanor.
   21    3. WHERE A CERTIFICATE OF RESTORATION HAS BEEN REVOKED,  THE  OFFENDER
   22  SHALL  BE  ELIGIBLE  FOR  A  NEW CERTIFICATE IN ACCORDANCE WITH SECTIONS
   23  SEVEN HUNDRED TWO AND SEVEN HUNDRED THREE OF THIS ARTICLE AS APPLICABLE.
   24    S 9. Section 705 of the correction law, as amended by  section  36  of
   25  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
   26  read as follows:
   27    S 705. Forms and filing. 1. All applications, certificates and  orders
   28  of  revocation  necessary for the purposes of this article shall be upon
   29  forms prescribed pursuant to agreement among the state  commissioner  of
   30  corrections  and  community supervision, the chairman of the state board
   31  of parole and the administrator of the state judicial  conference.  Such
   32  forms relating to certificates of [relief from disabilities] RESTORATION
   33  shall  be distributed by the office of probation and correctional alter-
   34  natives and [forms relating to certificates of  good  conduct  shall  be
   35  distributed]  by  the  commissioner of the department of corrections and
   36  community supervision.
   37    2. Any court or department issuing or revoking any certificate  pursu-
   38  ant to this article shall immediately file a copy of the certificate, or
   39  of  the  order of revocation, with the New York state identification and
   40  intelligence system.
   41    S 10. Paragraph (h) of subdivision 1 of section 130 of  the  executive
   42  law,  as  amended  by  section 1 of part LL of chapter 56 of the laws of
   43  2010, is amended to read as follows:
   44    (h) vagrancy or prostitution, and  who  has  not  subsequent  to  such
   45  conviction  received  an  executive  pardon therefor or a certificate of
   46  [relief from disabilities or a certificate of good conduct]  RESTORATION
   47  pursuant  to  article  twenty-three  of the correction law to remove the
   48  disability under this section because of such conviction.
   49    S 11. Subdivision 3 of section 175 of the executive law, as amended by
   50  section 2 of part LL of chapter 56 of the laws of 2010,  is  amended  to
   51  read as follows:
   52    3.  Upon  a  showing  by the attorney general in an application for an
   53  injunction that any person engaged in solicitation has been convicted in
   54  this state or elsewhere of a felony or of a  misdemeanor  involving  the
   55  misappropriation,  misapplication  or misuse of the money or property of
   56  another, and who has not, subsequent to such conviction, received execu-
       A. 3993                             7
    1  tive pardon therefor or a certificate of [relief from disabilities or  a
    2  certificate  of  good  conduct]  RESTORATION pursuant to article twenty-
    3  three of the correction law, the supreme court,  after  a  hearing,  may
    4  enjoin such person from engaging in any solicitation.
    5    S  12.  Clause 1 of paragraph c of subdivision 2 of section 435 of the
    6  executive law, as amended by chapter 371 of the laws of 1974, is amended
    7  to read as follows:
    8    (1) a person convicted of a crime who has not received a pardon[,]  OR
    9  a certificate of [good conduct or a certificate of relief from disabili-
   10  ties] RESTORATION;
   11    S 13. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
   12  amended  by  section 24 of part LL of chapter 56 of the laws of 2010, is
   13  amended to read as follows:
   14    (c) If a person convicted of a felony or crime deemed hereby to  be  a
   15  felony  is subsequently pardoned by the governor of the state where such
   16  conviction was had, or by the president of the United States,  or  shall
   17  receive  a  certificate of [relief from disabilities or a certificate of
   18  good conduct]  RESTORATION  pursuant  to  article  twenty-three  of  the
   19  correction  law  for  the  purpose of removing the disability under this
   20  section because of such conviction,  the  tax  commission  may,  in  its
   21  discretion,  on  application of such person and compliance with subdivi-
   22  sion two of this section, and on the submission to  it  of  satisfactory
   23  evidence  of  good  moral character and suitability, again register such
   24  person as a distributor under this article.
   25    S 14. Subdivision 2 of section 102 of the alcoholic  beverage  control
   26  law,  as  amended  by  section 1 of part OO of chapter 56 of the laws of
   27  2010, the opening paragraph as separately amended by section 3  of  part
   28  LL  of  chapter  56  of the laws of 2010 and paragraph (g) as separately
   29  amended by chapter 232 of the laws  of  2010,  is  amended  to  read  as
   30  follows:
   31    2.  No  person  holding any license hereunder, other than a license to
   32  sell an alcoholic beverage at retail for off-premises consumption  or  a
   33  license  or  special license to sell an alcoholic beverage at retail for
   34  consumption on the premises where such license authorizes  the  sale  of
   35  liquor,  beer  and/or  wine on the premises of a catering establishment,
   36  hotel, restaurant,  club,  or  recreational  facility,  shall  knowingly
   37  employ  in connection with his OR HER business in any capacity whatsoev-
   38  er, any person, who has been convicted  of  a  felony,  or  any  of  the
   39  following  offenses,  who has not subsequent to such conviction received
   40  an executive pardon therefor removing any  civil  disabilities  incurred
   41  thereby,  a certificate of [relief from disabilities or a certificate of
   42  good conduct]  RESTORATION  pursuant  to  article  twenty-three  of  the
   43  correction  law,  or  other relief from disabilities provided by law, or
   44  the written approval of  the  state  liquor  authority  permitting  such
   45  employment, to wit:
   46    (a)  Illegally using, carrying or possessing a pistol or other danger-
   47  ous weapon;
   48    (b) Making or possessing burglar's instruments;
   49    (c) Buying or receiving or criminally possessing stolen property;
   50    (d) Unlawful entry of a building;
   51    (e) Aiding escape from prison;
   52    (f) Unlawfully  possessing  or  distributing  habit  forming  narcotic
   53  drugs;
   54    (g) Violating subdivisions six, ten or eleven of section seven hundred
   55  twenty-two  of  the  former penal law as in force and effect immediately
       A. 3993                             8
    1  prior to September first, nineteen  hundred  sixty-seven,  or  violating
    2  [sections] SECTION 165.25 or 165.30 of the penal law;
    3    (h) Vagrancy or prostitution; or
    4    (i)  Ownership,  operation,  possession, custody or control of a still
    5  subsequent to July first, nineteen hundred fifty-four.
    6    If, as hereinabove provided, the state  liquor  authority  issues  its
    7  written approval for the employment by a licensee, in a specified capac-
    8  ity, of a person previously convicted of a felony or any of the offenses
    9  above  enumerated,  such  person,  may, unless he OR SHE is subsequently
   10  convicted of a felony or any of such offenses, thereafter be employed in
   11  the same capacity by any other  licensee  without  the  further  written
   12  approval of the authority unless the prior approval given by the author-
   13  ity is terminated.
   14    The  liquor  authority  may  make  such rules as it deems necessary to
   15  carry out the purpose and intent of this subdivision.
   16    As used in this subdivision, "recreational facility" shall  mean:  (i)
   17  premises  that  are  part  of a facility the principal business of which
   18  shall be the providing of recreation in the form of golf, tennis,  swim-
   19  ming,  skiing or boating; and (ii) premises in which the principal busi-
   20  ness shall be the operation of a theatre,  concert  hall,  opera  house,
   21  bowling  establishment,  excursion  and  sightseeing vessel, or accommo-
   22  dation of athletic events, sporting events, expositions and other  simi-
   23  lar  events or occasions requiring the accommodation of large gatherings
   24  of persons.
   25    S 15. Paragraph (d) of subdivision 1 of section 110 of  the  alcoholic
   26  beverage  control law, as amended by chapter 114 of the laws of 2000, is
   27  amended to read as follows:
   28    (d) A statement that such applicant or the applicant's spouse has  not
   29  been  convicted  of  a  crime addressed by the provisions of section one
   30  hundred twenty-six of this article  which  would  forbid  the  applicant
   31  (including  any  officers, directors, shareholders or partners listed in
   32  the statement of identity under paragraph (a) of this subdivision or the
   33  spouse of such person) or the applicant's spouse to traffic in alcoholic
   34  beverages, a statement whether or not the applicant (including any offi-
   35  cers, directors, shareholders or partners listed  in  the  statement  of
   36  identity  under  paragraph  (a) of this subdivision or the spouse of any
   37  such person) or the applicant's  spouse  is  an  official  described  in
   38  section  one  hundred twenty-eight of this article, and a description of
   39  any crime that the applicant (including any officers, directors,  share-
   40  holders  or  partners  listed under paragraph (a) of this subdivision or
   41  the spouse of any such  person)  or  the  applicant's  spouse  has  been
   42  convicted  of and whether such person has received a pardon, certificate
   43  of  [good  conduct  or  certificate   of   relief   from   disabilities]
   44  RESTORATION;  provided,  however,  that  no  person  shall be denied any
   45  license solely on the grounds that such person is the spouse of a person
   46  otherwise disqualified from holding a license under this chapter.
   47    S 16. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
   48  age control law, as amended by section 50 of subpart  B  of  part  C  of
   49  chapter 62 of the laws of 2011, are amended to read as follows:
   50    1.  Except  as provided in subdivision one-a of this section, a person
   51  who has been convicted of a felony or any of the misdemeanors  mentioned
   52  in  section eleven hundred forty-six of the former penal law as in force
   53  and effect  immediately  prior  to  September  first,  nineteen  hundred
   54  sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
   55  penal  law,  unless subsequent to such conviction such person shall have
   56  received an  executive  pardon  therefor  removing  this  disability,  a
       A. 3993                             9
    1  certificate  of  [good  conduct granted by the department of corrections
    2  and community supervision, or a certificate of relief from disabilities]
    3  RESTORATION granted by  the  department  of  corrections  and  community
    4  supervision or a court of this state pursuant to the provisions of arti-
    5  cle  twenty-three  of  the correction law to remove the disability under
    6  this section because of such conviction.
    7    1-a. Notwithstanding the provision of subdivision one of this section,
    8  a corporation holding a license to traffic in alcoholic beverages  shall
    9  not,  upon conviction of a felony or any of the misdemeanors or offenses
   10  described in subdivision one of this section, be automatically forbidden
   11  to traffic in alcoholic beverages, but the application for a license  by
   12  such a corporation shall be subject to denial, and the license of such a
   13  corporation shall be subject to revocation or suspension by the authori-
   14  ty  pursuant  to section one hundred eighteen of this [chapter] ARTICLE,
   15  consistent  with  the  provisions  of  article  twenty-three-A  of   the
   16  correction  law. For any felony conviction by a court other than a court
   17  of this state, the authority may request the department  of  corrections
   18  and  community  supervision  to  investigate  and  review  the facts and
   19  circumstances concerning such a conviction, and such  department  shall,
   20  if  so requested, submit its findings to the authority as to whether the
   21  corporation has conducted itself in a  manner  such  that  discretionary
   22  review by the authority would not be inconsistent with the public inter-
   23  est.  The department of corrections and community supervision may charge
   24  the licensee or applicant a fee equivalent to the expenses of an  appro-
   25  priate investigation under this subdivision. For any conviction rendered
   26  by  a court of this state, the authority may request the corporation, if
   27  the corporation is eligible for a certificate of [relief from  disabili-
   28  ties]  RESTORATION,  to  seek  such  a certificate [from the court which
   29  rendered the conviction] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF  THE
   30  CORRECTION  LAW and to submit such a certificate as part of the authori-
   31  ty's discretionary review process.
   32    4. A copartnership or a corporation, unless each member of  the  part-
   33  nership,  or  each of the principal officers and directors of the corpo-
   34  ration, is a citizen of the United States or an alien lawfully  admitted
   35  for  permanent  residence in the United States, not less than twenty-one
   36  years of age, and has not been convicted of any felony  or  any  of  the
   37  misdemeanors,  specified  in  section  eleven  hundred  forty-six of the
   38  former penal law as in force and effect immediately prior  to  September
   39  first, nineteen hundred sixty-seven, or of an offense defined in section
   40  230.20  or  230.40  of  the  penal law, or if so convicted has received,
   41  subsequent to such conviction, an  executive  pardon  therefor  removing
   42  this  disability,  a certificate of [good conduct granted by the depart-
   43  ment of corrections and  community  supervision,  or  a  certificate  of
   44  relief  from  disabilities]  RESTORATION  granted  by  the department of
   45  corrections and community supervision or a court of this state  pursuant
   46  to  the  provisions  of  article  twenty-three  of the correction law to
   47  remove the disability under this section  because  of  such  conviction;
   48  provided  however  that  a  corporation  which otherwise conforms to the
   49  requirements of this section and chapter may be licensed if each of  its
   50  principal  officers and more than one-half of its directors are citizens
   51  of the United States or aliens lawfully admitted for permanent residence
   52  in the United States; and provided further that a corporation  organized
   53  under  the  not-for-profit  corporation  law  or the education law which
   54  otherwise conforms to the requirements of this section and  chapter  may
   55  be  licensed if each of its principal officers and more than one-half of
   56  its directors are not less than twenty-one years of age and none of  its
       A. 3993                            10
    1  directors are less than eighteen years of age; and provided further that
    2  a  corporation organized under the not-for-profit corporation law or the
    3  education law and located on the premises of a  college  as  defined  by
    4  section  two  of  the  education  law  which  otherwise  conforms to the
    5  requirements of this section and chapter may be licensed if each of  its
    6  principal  officers and each of its directors are not less than eighteen
    7  years of age.
    8    S 17. Subdivision 4 of section 96-z-3 of the agriculture  and  markets
    9  law,  as  amended  by  section 4 of part LL of chapter 56 of the laws of
   10  2010, is amended to read as follows:
   11    (4) applicant, an officer, director, partner, or  holder  of  ten  per
   12  centum or more of the voting stock of an applicant has been convicted of
   13  a felony by a court of the United States or any state or territory ther-
   14  eof,  without  subsequent  pardon  by  the governor or other appropriate
   15  authority  of  the  state  or  jurisdiction  in  which  such  conviction
   16  occurred,  or  the receipt of a certificate of [relief from disabilities
   17  or a certificate of good conduct] RESTORATION pursuant to article  twen-
   18  ty-three of the correction law,
   19    S 18. Paragraph (d) of subdivision 4 of section 129 of the agriculture
   20  and markets law, as amended by section 5 of part LL of chapter 56 of the
   21  laws of 2010, is amended to read as follows:
   22    (d)  The  applicant or registrant, or an officer, director, partner or
   23  holder of ten per centum or more of the voting stock of the applicant or
   24  registrant, has been convicted of a felony by  a  court  of  the  United
   25  States  or  any state or territory thereof, without subsequent pardon by
   26  the governor or other appropriate authority of the state or jurisdiction
   27  in which such conviction  occurred,  or  receipt  of  a  certificate  of
   28  [relief  from disabilities or a certificate of good conduct] RESTORATION
   29  pursuant to article twenty-three of the correction law;
   30    S 19. Paragraph (c) of subdivision 2 of section  2897  of  the  public
   31  health  law,  as  amended  by section 21 of part LL of chapter 56 of the
   32  laws of 2010, is amended to read as follows:
   33    (c) If a person convicted of a felony or crime deemed hereby to  be  a
   34  felony  is subsequently pardoned by the governor of the state where such
   35  conviction was had, or by the president of the United States,  or  shall
   36  receive  a  certificate of [relief from disabilities or a certificate of
   37  good conduct]  RESTORATION  pursuant  to  article  twenty-three  of  the
   38  correction  law  for  the  purpose of removing the disability under this
   39  section because of such conviction, the board may, in its discretion, on
   40  application of such person, and on the submission to it of  satisfactory
   41  evidence,  restore  to  such  person  the right to practice nursing home
   42  administration in this state.
   43    S 20. Section 3454 of the public health law, as amended by section  22
   44  of  part  LL  of  chapter  56 of the laws of 2010, is amended to read as
   45  follows:
   46    S 3454. Restoration of licenses after conviction of  a  felony.  If  a
   47  person  convicted  of  a felony or crime deemed to be a felony is subse-
   48  quently pardoned by the governor of the state where such conviction  was
   49  had or by the president of the United States, or shall receive a certif-
   50  icate  of  [relief  from  disabilities or a certificate of good conduct]
   51  RESTORATION pursuant to article twenty-three of the  correction  law  to
   52  remove the disability under this section because of such conviction, the
   53  commissioner  may,  in  his  OR  HER  discretion, on application of such
   54  person, and on the submission to him OR HER  of  satisfactory  evidence,
   55  restore to such person the right to practice in this state.
       A. 3993                            11
    1    S  21.  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  [relief  from  disabilities or a
    7  certificate of good  conduct]  RESTORATION  for  such  felony  and,  the
    8  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 22. 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  [good conduct or a certificate of relief from disabili-
   16  ties] RESTORATION;
   17    S 23. 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  [good
   27  conduct or a certificate of relief from disabilities] RESTORATION pursu-
   28  ant  to  article twenty-three of the correction law; that such games are
   29  to be conducted in accordance with the provisions of this article and in
   30  accordance with the rules and regulations of the  board  and  applicable
   31  local  laws  or  ordinances  and  that  the  proceeds  thereof are to be
   32  disposed of as provided by this article, and if such clerk or department
   33  is satisfied that no commission, salary, compensation, reward or  recom-
   34  pense  whatever  will be paid or given to any person managing, operating
   35  or assisting therein except as in this article  otherwise  provided;  it
   36  shall  issue  a  license  to  the  applicant for the conduct of games of
   37  chance upon payment of a license fee of  twenty-five  dollars  for  each
   38  license period.
   39    S  24.  Paragraph  (a)  of subdivision 9 of section 476 of the general
   40  municipal law, as amended by section 16 of part LL of chapter 56 of  the
   41  laws of 2010, is amended to read as follows:
   42    (a)  a  person convicted of a crime who has not received a pardon or a
   43  certificate of [good conduct or a certificate of relief  from  disabili-
   44  ties]  RESTORATION  pursuant  to  article twenty-three of the correction
   45  law;
   46    S 25. Paragraph (a) of subdivision 1 of section  481  of  the  general
   47  municipal  law, as amended by section 17 of part LL of chapter 56 of the
   48  laws of 2010, is amended to read as follows:
   49    (a) Issuance of licenses to conduct bingo. If the  governing  body  of
   50  the municipality shall determine that the applicant is duly qualified to
   51  be  licensed  to  conduct  bingo  under this article; that the member or
   52  members of the applicant designated in the application to conduct  bingo
   53  are  bona  fide  active members of the applicant and are persons of good
   54  moral character and  have  never  been  convicted  of  a  crime  or,  if
   55  convicted, have received a pardon or a certificate of [good conduct or a
   56  certificate of relief from disabilities] RESTORATION pursuant to article
       A. 3993                            12
    1  twenty-three  of the correction law; that such games are to be conducted
    2  in accordance with the provisions of this article and in accordance with
    3  the rules and regulations of the commission, and that the proceeds ther-
    4  eof  are  to  be  disposed  of  as  provided by this article, and if the
    5  governing body is satisfied that no  commission,  salary,  compensation,
    6  reward  or recompense whatever will be paid or given to any person hold-
    7  ing, operating or conducting or assisting in the holding, operation  and
    8  conduct  of any such games except as in this article otherwise provided;
    9  and that no prize will be offered and given in  excess  of  the  sum  or
   10  value  of one thousand dollars in any single game and that the aggregate
   11  of all prizes offered and given in all of  such  games  conducted  on  a
   12  single occasion, under said license shall not exceed the sum or value of
   13  three  thousand  dollars,  it shall issue a license to the applicant for
   14  the conduct of bingo upon payment of a license fee of  eighteen  dollars
   15  and  seventy-five cents for each bingo occasion; provided, however, that
   16  the governing body shall refuse to issue a license to an applicant seek-
   17  ing to conduct bingo in premises of a licensed commercial  lessor  where
   18  it  determines  that  the  premises  presently owned or occupied by said
   19  applicant are in every respect  adequate  and  suitable  for  conducting
   20  bingo games.
   21    S 26. Paragraph b of subdivision 5 of section 84-a of the town law, as
   22  amended  by  section 10 of part LL of chapter 56 of the laws of 2010, is
   23  amended to read as follows:
   24    b. On the reverse side of such envelope shall be printed the following
   25  statement:
   26                          STATEMENT OF ABSENTEE VOTER
   27    I do declare that I will have been a citizen of the United States  for
   28  thirty  days, and will be at least eighteen years of age, on the date of
   29  the special town election; that I will have  been  a  resident  of  this
   30  state  and  of  the  town shown on the reverse side of this envelope for
   31  thirty days next preceding the said election; that I am or on such  date
   32  will  be,  a  registered  voter  of  said town; that I will be unable to
   33  appear personally on the day of said special town election at the  poll-
   34  ing  place of the election district in which I am or will be a qualified
   35  voter because of the reason stated on my application heretofore  submit-
   36  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
   37  as set forth on the reverse side of  this  envelope;  that  I  have  not
   38  received or offered, do not expect to receive, have not paid, offered or
   39  promised  to  pay,  contributed,  offered  or  promised to contribute to
   40  another to be paid or used, any money or  other  valuable  thing,  as  a
   41  compensation  or  reward for the giving or withholding of a vote at this
   42  special town election, and have not made any promise  to  influence  the
   43  giving  or withholding of any such votes; that I have not made or become
   44  directly or indirectly interested in any bet or wager depending upon the
   45  result of this special town election; and that I have not been convicted
   46  of bribery or any infamous crime, or, if so convicted, that I have  been
   47  pardoned or restored to all the rights of a citizen, without restriction
   48  as  to  the right of suffrage, or received a certificate of [relief from
   49  disabilities or a certificate of good conduct] RESTORATION  pursuant  to
   50  article  twenty-three  of  the  correction law removing my disability to
   51  register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS 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..................
       A. 3993                            13
    1    S  27.  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 [relief from
   29  disabilities or a certificate of good conduct] RESTORATION  pursuant  to
   30  article  twenty-three  of  the  correction law removing my disability to
   31  register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
   32    I hereby declare that the foregoing is a true statement to the best of
   33  my knowledge and belief, and I understand that if I  make  any  material
   34  false statement in the foregoing statement of absentee voter, I shall be
   35  guilty of a misdemeanor.
   36    Date..............Signature of Voter..................
   37    S  28.  Paragraph b of subdivision 5 of section 213-b of the town law,
   38  as amended by section 12 of part LL of chapter 56 of the laws  of  2010,
   39  is amended to read as follows:
   40    b.   On the reverse side of such envelope shall be printed the follow-
   41  ing statement:
   42                          STATEMENT OF ABSENTEE VOTER
   43    I do declare that I will have been a citizen of the United States  for
   44  thirty  days, and will be at least eighteen years of age, on the date of
   45  the district election; that I will have been a resident  of  this  state
   46  and  of  the district if any, shown on the reverse side of this envelope
   47  for thirty days next preceding the said election and that  I  am  or  on
   48  such  date  will be, a registered voter of said district; that I will be
   49  unable to appear personally on the day of said district election at  the
   50  polling  place of the said district in which I am or will be a qualified
   51  voter because of the reason stated on my application heretofore  submit-
   52  ted;  that  I have not qualified, or do I intend to vote, elsewhere than
   53  as set forth on the reverse side of  this  envelope;  that  I  have  not
   54  received or offered, do not expect to receive, have not paid, offered or
   55  promised  to  pay,  contributed,  offered  or  promised to contribute to
       A. 3993                            14
    1  another to be paid or used, any money or  other  valuable  thing,  as  a
    2  compensation  or  reward for the giving or withholding of a vote at this
    3  district election, and have not made any promise to influence the giving
    4  or withholding of any such votes; that I have not made or become direct-
    5  ly  or  indirectly  interested  in  any  bet or wager depending upon the
    6  result of this district election; and that I have not been convicted  of
    7  bribery  or  any  infamous  crime, or, if so convicted, that I have been
    8  pardoned or restored to all the rights of a citizen, without restriction
    9  as to the right of suffrage, or received a certificate of  [relief  from
   10  disabilities  or  a certificate of good conduct] RESTORATION pursuant to
   11  article twenty-three of the correction law  removing  my  disability  to
   12  register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
   13    I hereby declare that the foregoing is a true statement to the best of
   14  my  knowledge  and  belief, and I understand that if I make any material
   15  false statement in the foregoing statement of absentee voter, I shall be
   16  guilty of a misdemeanor.
   17       Date............. Signature of Voter ..............................
   18    S 29. Paragraph b of subdivision 5 of section 2018-a of the  education
   19  law,  as  amended  by  section 8 of part LL of chapter 56 of the laws of
   20  2010, is amended to read as follows:
   21    b. On the reverse side of such envelope shall be printed the following
   22  statement:
   23                         STATEMENT OF ABSENTEE VOTER
   24    I do declare that I am a citizen of the United States, and will be  at
   25  least  eighteen  years  of  age,  on  the  date  of  the school district
   26  election; that I will have been a resident of  this  state  and  of  the
   27  school  district  and  school  election  district,  if any, shown on the
   28  reverse side of this envelope for thirty days next  preceding  the  said
   29  election  and duly registered in the school district and school election
   30  district, if any, shown on the reverse side of this envelope and that  I
   31  am  or  on such date will be, a qualified voter of said school district;
   32  that I will be unable to appear personally on the  day  of  said  school
   33  district  election  at the polling place of the said district in which I
   34  am or will be a qualified voter because  of  the  reason  stated  on  my
   35  application  heretofore  submitted;  that  I have not qualified, or do I
   36  intend to vote, elsewhere than as set forth on the reverse side of  this
   37  envelope; that I have not received or offered, do not expect to receive,
   38  have not paid, offered or promised to pay, contributed, offered or prom-
   39  ised  to  contribute  to  another to be paid or used, any money or other
   40  valuable thing, as a compensation or reward for the giving or  withhold-
   41  ing  of  a  vote at this school district election, and have not made any
   42  promise to influence the giving or withholding of any such votes; that I
   43  have not made or become directly or indirectly interested in any bet  or
   44  wager  depending  upon  the result of this school district election; and
   45  that I have not been convicted of bribery or any infamous crime, or,  if
   46  so convicted, that I have been pardoned or restored to all the rights of
   47  a  citizen, without restriction as to the right of suffrage, or received
   48  a certificate of [relief from disabilities  or  a  certificate  of  good
   49  conduct]  RESTORATION pursuant to article twenty-three of the correction
   50  law removing my disability to register and vote OR MY  MAXIMUM  SENTENCE
   51  OF IMPRISONMENT HAS 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
       A. 3993                            15
    1  false statement in the foregoing statement of absentee voter, I shall be
    2  guilty of a misdemeanor.
    3    Date.....................Signature of Voter ..........................
    4    S  30. Paragraph b of subdivision 6 of section 2018-b of the education
    5  law, as amended by section 9 of part LL of chapter 56  of  the  laws  of
    6  2010, is amended to read as follows:
    7    b. On the reverse side of such envelope shall be printed the following
    8  statement:
    9                         STATEMENT OF ABSENTEE VOTER
   10    I  do declare that I am a citizen of the United States, and will be at
   11  least eighteen years of age on the date of the school district election;
   12  that I will have been a  resident  of  this  state  and  of  the  school
   13  district and school election district, if any, shown on the reverse side
   14  of  this  envelope  for thirty days next preceding the said election and
   15  that I am or on such date will be, a  qualified  voter  of  said  school
   16  district;  that I will be unable to appear personally on the day of said
   17  school district election at the polling place of the  said  district  in
   18  which  I am or will be a qualified voter because of the reason stated on
   19  my application heretofore submitted; that I have not qualified, or do  I
   20  intend  to vote, elsewhere than as set forth on the reverse side of this
   21  envelope; that I have not received or offered, do not expect to receive,
   22  have not paid, offered or promised to pay, contributed, offered or prom-
   23  ised to contribute to another to be paid or used,  any  money  or  other
   24  valuable  thing, as a compensation or reward for the giving or withhold-
   25  ing of a vote at this school district election, and have  not  made  any
   26  promise to influence the giving or withholding of any such votes; that I
   27  have  not made or become directly or indirectly interested in any bet or
   28  wager depending upon the result of this school  district  election;  and
   29  that  I have not been convicted of bribery or any infamous crime, or, if
   30  so convicted, that I have been pardoned or restored to all the rights of
   31  a citizen, without restriction as to the  right  of  suffrage,  or  have
   32  received  a certificate of [relief from disabilities or a certificate of
   33  good conduct]  RESTORATION  pursuant  to  article  twenty-three  of  the
   34  correction  law removing my disability to vote OR MY MAXIMUM SENTENCE OF
   35  IMPRISONMENT HAS EXPIRED.
   36    I hereby declare that the foregoing is a true statement to the best of
   37  my knowledge and belief, and I understand that if I  make  any  material
   38  false statement in the foregoing statement of absentee voter, I shall be
   39  guilty of a misdemeanor.
   40    Date....................Signature of Voter ...........................
   41    S  31.  Subdivision  2 of section 69-o of the general business law, as
   42  amended by chapter 575 of the laws  of  1993,  is  amended  to  read  as
   43  follows:
   44    2. After the filing of an applicant's fingerprint cards, the secretary
   45  of  state  shall  forward  such fingerprints to the division of criminal
   46  justice services to be compared with the fingerprints on file  with  the
   47  division  of criminal justice services in order to ascertain whether the
   48  applicant has been convicted  of  a  felony  involving  fraud,  bribery,
   49  perjury  or  theft  pursuant  to  article one hundred forty, one hundred
       A. 3993                            16
    1  fifty-five, one hundred  sixty,  one  hundred  sixty-five,  one  hundred
    2  seventy,  one hundred seventy-five, one hundred seventy-six, one hundred
    3  eighty, one hundred eighty-five, one hundred ninety, one  hundred  nine-
    4  ty-five, two hundred or two hundred ten of the penal law; or has a crim-
    5  inal  action which has been pending for such a felony for under one year
    6  without  a  final  disposition  unless  adjourned  in  contemplation  of
    7  dismissal;  provided,  however,  that  for the purposes of this article,
    8  none of the  following  shall  be  considered  criminal  convictions  or
    9  reported as such:
   10    (a)  A  conviction  which  has been vacated and replaced by a youthful
   11  offender finding pursuant to article seven hundred twenty of the  crimi-
   12  nal  procedure  law,  or  the  applicable provisions of law of any other
   13  jurisdiction; or
   14    (b) A conviction the records of which have  been  expunged  or  sealed
   15  pursuant  to  the  applicable provisions of the laws of this state or of
   16  any other jurisdiction; or
   17    (c) A conviction for which [a certificate of relief from  disabilities
   18  or] a certificate of [good conduct] RESTORATION has been issued pursuant
   19  to ARTICLE TWENTY-THREE OF the correction law.
   20    The division of criminal justice services shall retain the fingerprint
   21  cards  and  return  the  report of such convictions or pending cases, if
   22  any, to the secretary of state who shall retain them in  a  confidential
   23  file  for  no  more than one year, after which time such report shall be
   24  destroyed.
   25    The secretary of state shall deny the application  of  any  individual
   26  convicted  of a felony involving fraud, bribery, perjury or theft pursu-
   27  ant to article one hundred forty, one hundred  fifty-five,  one  hundred
   28  sixty,  one  hundred sixty-five, one hundred seventy, one hundred seven-
   29  ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
   30  y-five, one hundred ninety, one hundred ninety-five, two hundred or  two
   31  hundred  ten  of  the penal law; or has a criminal action which has been
   32  pending for such a felony for under one year without a final disposition
   33  unless adjourned in contemplation of dismissal; provided, however,  that
   34  for the purposes of this article, none of the following shall be consid-
   35  ered criminal convictions or reported as such:
   36    (i)  A  conviction  which  has been vacated and replaced by a youthful
   37  offender finding pursuant to article seven hundred twenty of the  crimi-
   38  nal  procedure  law,  or  the  applicable provisions of law of any other
   39  jurisdiction; or
   40    (ii) A conviction the records of which have been  expunged  or  sealed
   41  pursuant  to  the  applicable provisions of the laws of this state or of
   42  any other jurisdiction; or
   43    (iii) A conviction for which [a certificate of relief  from  disabili-
   44  ties  or]  a  certificate  of [good conduct] RESTORATION has been issued
   45  pursuant to ARTICLE TWENTY-THREE OF the correction law.
   46    S 32. Subdivision 1 of section 81 of  the  general  business  law,  as
   47  amended  by  section 14 of part LL of chapter 56 of the laws of 2010, is
   48  amended to read as follows:
   49    1. The holder of any license certificate issued pursuant to this arti-
   50  cle may employ to assist him in his work of private detective or  inves-
   51  tigator or bail enforcement agent as described in section seventy-one of
   52  this  article  and in the conduct of such business as many persons as he
   53  may deem necessary, and shall at all times  during  such  employment  be
   54  legally  responsible  for  the  good conduct in the business of each and
   55  every person so employed.
       A. 3993                            17
    1    No holder of any unexpired license certificate issued pursuant to this
    2  article shall knowingly employ in connection with his or its business in
    3  any capacity whatsoever, any person who has been convicted of  a  felony
    4  or  any of the offenses specified in subdivision two of section seventy-
    5  four  of  this  article,  and  who has not subsequent to such conviction
    6  received executive pardon therefor removing this disability, or received
    7  a certificate of [relief from disabilities  or  a  certificate  of  good
    8  conduct]  RESTORATION pursuant to article twenty-three of the correction
    9  law to remove the disability  under  this  section  because  of  such  a
   10  conviction,  or  any  person  whose  private detective or investigator's
   11  license or bail enforcement agent's license was revoked  or  application
   12  for such license was denied by the department of state or by the author-
   13  ities  of  any  other state or territory because of conviction of any of
   14  such offenses. Should the holder of  an  unexpired  license  certificate
   15  falsely  state  or represent that a person is or has been in his employ,
   16  such false statement or misrepresentation shall be sufficient cause  for
   17  the revocation of such license. Any person falsely stating or represent-
   18  ing that he is or has been a detective or employed by a detective agency
   19  or that he is or has been a bail enforcement agent or employed by a bail
   20  enforcement agency shall be guilty of a misdemeanor.
   21    S  33.  Paragraph 4 of subsection (d) of section 2108 of the insurance
   22  law, as amended by section 18 of part LL of chapter 56 of  the  laws  of
   23  2010, is amended to read as follows:
   24    (4)  This  subsection shall not prevent the employment of or the issu-
   25  ance of a license to any person who, subsequent to his conviction, shall
   26  have received executive pardon therefor removing this disability, or who
   27  has received a certificate of [relief from disabilities or a certificate
   28  of good conduct] RESTORATION pursuant to  article  twenty-three  of  the
   29  correction  law  to  remove the disability under this section because of
   30  such conviction or previous license revocation occasioned thereby.
   31    S 34. Subdivision 6 of section 369 of the banking law, as  amended  by
   32  chapter  164 of the laws of 2003 and paragraph (b) as amended by section
   33  6 of part LL of chapter 56 of the laws of 2010, is amended  to  read  as
   34  follows:
   35    6.  The  superintendent may refuse to issue a license pursuant to this
   36  article if he shall find that the applicant, or  any  person  who  is  a
   37  director,  officer,  partner, agent, employee or substantial stockholder
   38  of the applicant, (a) has been convicted of a crime in any  jurisdiction
   39  or  (b) is associating or consorting with any person who has, or persons
   40  who have, been convicted of a crime or crimes  in  any  jurisdiction  or
   41  jurisdictions;  provided,  however,  that  the  superintendent shall not
   42  issue such a license if he shall find that the applicant, or any  person
   43  who  is  a  director,  officer,  partner, agent, employee or substantial
   44  stockholder of the applicant, has been convicted  of  a  felony  in  any
   45  jurisdiction  or of a crime which, if committed within this state, would
   46  constitute a felony under the laws thereof. For  the  purposes  of  this
   47  article,  a  person shall be deemed to have been convicted of a crime if
   48  such person shall have pleaded guilty to a charge thereof before a court
   49  or magistrate, or shall have been found guilty thereof by  the  decision
   50  or  judgment of a court or magistrate or by the verdict of a jury, irre-
   51  spective of the pronouncement of sentence  or  the  suspension  thereof,
   52  unless such plea of guilty, or such decision, judgment or verdict, shall
   53  have  been set aside, reversed or otherwise abrogated by lawful judicial
   54  process or unless the person convicted of the crime shall have  received
   55  a  pardon therefor from the president of the United States or the gover-
   56  nor  or  other  pardoning  authority  in  the  jurisdiction  where   the
       A. 3993                            18
    1  conviction was had, or shall have received a certificate of [relief from
    2  disabilities  or  a certificate of good conduct] RESTORATION pursuant to
    3  article twenty-three of the correction  law  to  remove  the  disability
    4  under  this  article  because  of such conviction. The term "substantial
    5  stockholder," as used in this subdivision, shall be deemed to refer to a
    6  person owning or controlling  ten  per  centum  or  more  of  the  total
    7  outstanding  stock  of  the corporation in which such person is a stock-
    8  holder. In making a determination  pursuant  to  this  subdivision,  the
    9  superintendent shall require fingerprinting of the applicant. Such fing-
   10  erprints shall be submitted to the division of criminal justice services
   11  for a state criminal history record check, as defined in subdivision one
   12  of  section  three thousand thirty-five of the education law, and may be
   13  submitted to the federal bureau of investigation for a national criminal
   14  history record check.
   15    S 35. Paragraph 5 of subdivision a of section 265.20 of the penal law,
   16  as amended by chapter 235 of the laws of 2007, is  amended  to  read  as
   17  follows:
   18    5.  Possession  of  a rifle or shotgun by a person other than a person
   19  who has been convicted of  a  class  A-I  felony  or  a  violent  felony
   20  offense, as defined in subdivision one of section 70.02 of this chapter,
   21  who  has  been  convicted  as  specified  in subdivision four of section
   22  265.01 OF THIS ARTICLE to whom a certificate of [good conduct]  RESTORA-
   23  TION  has  been issued [pursuant to section seven hundred three-b of the
   24  correction law].
   25    S 36. Section 751 of the correction law, as amended by chapter 284  of
   26  the laws of 2007, is amended to read as follows:
   27    S  751.  Applicability.  The provisions of this article shall apply to
   28  any application by any person for a license or employment at any  public
   29  or  private  employer,  who has previously been convicted of one or more
   30  criminal offenses in this state or in any other jurisdiction, and to any
   31  license or employment held by any person whose conviction of one or more
   32  criminal offenses in this state or in any  other  jurisdiction  preceded
   33  such  employment  or  granting  of  a  license, except where a mandatory
   34  forfeiture, disability or bar to employment is imposed by law,  and  has
   35  not  been  removed  by  an executive pardon, certificate of [relief from
   36  disabilities or certificate of good  conduct]  RESTORATION.  Nothing  in
   37  this article shall be construed to affect any right an employer may have
   38  with  respect  to an intentional misrepresentation in connection with an
   39  application for employment made by a prospective employee or  previously
   40  made by a current employee.
   41    S  37. Subdivision 2 of section 753 of the correction law, as added by
   42  chapter 931 of the laws of 1976, is amended to read as follows:
   43    2. In making a determination pursuant to section seven hundred  fifty-
   44  two  of  this  [chapter]  ARTICLE, the public agency or private employer
   45  shall also give consideration to a certificate of [relief from disabili-
   46  ties or a certificate of good conduct] RESTORATION issued to the  appli-
   47  cant,  which certificate shall create a presumption of rehabilitation in
   48  regard to the offense or offenses specified therein.
   49    S 38. The closing paragraph of section 79-a of the civil  rights  law,
   50  as  amended  by  chapter  687 of the laws of 1973, is amended to read as
   51  follows:
   52    Nothing in this section shall be deemed to preclude the issuance of  a
   53  certificate  of  [good  conduct]  RESTORATION  by the board of parole OR
   54  SENTENCING COURT pursuant to law to a person  who  previously  has  been
   55  sentenced to imprisonment for life.
       A. 3993                            19
    1    S  39.  The  first undesignated paragraph of section 440-a of the real
    2  property law, as amended by section 23 of part LL of chapter 56  of  the
    3  laws of 2010, is amended to read as follows:
    4    No  person,  co-partnership,  limited liability company or corporation
    5  shall engage in or follow the business or occupation of, or hold himself
    6  or itself out or act temporarily or otherwise as a real estate broker or
    7  real estate salesman in this state without  first  procuring  a  license
    8  therefor  as  provided in this article. No person shall be entitled to a
    9  license as a real estate broker under this article, either as  an  indi-
   10  vidual  or as a member of a co-partnership, or as a member or manager of
   11  a limited liability company or as an officer of a corporation, unless he
   12  or she is twenty years of age or over, a citizen of the United States or
   13  an alien lawfully admitted for permanent residence in the United States.
   14  No person shall be entitled to a license as a real estate salesman under
   15  this article unless he or she is over the  age  of  eighteen  years.  No
   16  person  shall  be  entitled to a license as a real estate broker or real
   17  estate salesman under this article who has been convicted in this  state
   18  or  elsewhere  of  a felony, of a sex offense, as defined in subdivision
   19  two of section one hundred sixty-eight-a of the correction  law  or  any
   20  offense  committed  outside  of  this state which would constitute a sex
   21  offense, or a sexually violent offense, as defined in subdivision  three
   22  of  section  one  hundred  sixty-eight-a  of  the  correction law or any
   23  offense committed outside this state which would constitute  a  sexually
   24  violent  offense, and who has not subsequent to such conviction received
   25  executive pardon therefor or a certificate of [relief from  disabilities
   26  or  a certificate of good conduct] RESTORATION pursuant to article twen-
   27  ty-three of the correction law, to  remove  the  disability  under  this
   28  section  because  of  such  conviction. No person shall be entitled to a
   29  license as a real estate broker or real estate salesman under this arti-
   30  cle who does not meet the requirements of section 3-503 of  the  general
   31  obligations law.
   32    S 40. Paragraph (a) of subdivision 1 of section 20-438 of the adminis-
   33  trative code of the city of New York is amended to read as follows:
   34    (a)  Issuance of licenses to conduct games of chance.  If such depart-
   35  ment shall determine that the applicant is duly qualified to be licensed
   36  to conduct games of chance under this subchapter; that  the  members  of
   37  the  applicant  designated in the application to conduct games of chance
   38  are bona fide active members of the applicant and are  persons  of  good
   39  moral  character  and  have  never  been  convicted  of  a crime, or, if
   40  convicted, have received a pardon or a  certificate  of  [good  conduct]
   41  RESTORATION;  that such games are to be conducted in accordance with the
   42  provisions of this subchapter and in accordance with the rules and regu-
   43  lations of the board and that the proceeds thereof are to be disposed of
   44  as provided by this subchapter; and if such department is satisfied that
   45  no commission, salary, compensation, reward or recompense whatever  will
   46  be  paid  or  given  to  any  person holding, operating or conducting or
   47  assisting in the holding, operation and conduct of any such games except
   48  as in this subchapter otherwise provided; and  that  no  prize  will  be
   49  given in excess of the sum or value of one hundred dollars in any single
   50  game  and  that the aggregate of all prizes given on one occasion, under
   51  said license shall not exceed the sum or value of one thousand  dollars,
   52  the department shall issue a license to the applicant for the conduct of
   53  games of chance upon payment of a license fee of twenty-five dollars for
   54  each license period.
       A. 3993                            20
    1    S  41.  Paragraph  (a)  of subdivision 5 of section 2806 of the public
    2  health law, as amended by section 20 of part LL of  chapter  56  of  the
    3  laws of 2010, is amended to read as follows:
    4    (a)  Except as provided in paragraphs (b) and (d) of this subdivision,
    5  anything contained in this section or in a certificate of  [relief  from
    6  disabilities or a certificate of good conduct] RESTORATION issued pursu-
    7  ant  to  article  twenty-three  of  the  correction  law to the contrary
    8  notwithstanding, a hospital operating certificate of  a  hospital  under
    9  control  of a controlling person as defined in paragraph (a) of subdivi-
   10  sion twelve of section twenty-eight hundred one-a of  this  article,  or
   11  under  control  of  any other entity, shall be revoked upon a finding by
   12  the department that such controlling person or any individual, member of
   13  a partnership or shareholder of a corporation to whom  or  to  which  an
   14  operating  certificate has been issued, has been convicted of a class A,
   15  B or C felony, or a felony related in any way to any activity or program
   16  subject to  the  regulations,  supervision,  or  administration  of  the
   17  department or of the office of temporary and disability assistance or in
   18  violation  of  the public officers law in a court of competent jurisdic-
   19  tion in the state, or of a crime outside the state which,  if  committed
   20  within  the  state, would have been a class A, B or C felony or a felony
   21  related in any way to any activity  or  program  subject  to  the  regu-
   22  lations,  supervision,  or  administration  of  the department or of the
   23  office of temporary and disability assistance or  in  violation  of  the
   24  public officers law.
   25    S  42. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision
   26  2 of section 509-c of the vehicle and  traffic  law,  paragraph  (a)  of
   27  subdivision  1 as amended by section 25 and paragraph (a) of subdivision
   28  2 as amended by section 26 of part LL of chapter 56 of the laws of 2010,
   29  are amended to read as follows:
   30    (a) permanently, if that person has been  convicted  of  or  forfeited
   31  bond  or  collateral  which forfeiture order has not been vacated or the
   32  subject of an order of remission upon a  violation  of  section  130.30,
   33  130.35,  130.45,  130.50,  130.60,  or  130.65  of  the penal law, or an
   34  offense committed under a former section of the penal  law  which  would
   35  constitute a violation of the aforesaid sections of the penal law or any
   36  offense  committed  outside  of  this  state  which  would  constitute a
   37  violation of the aforesaid sections of the penal law, provided, however,
   38  the provisions of this paragraph shall not apply to convictions, suspen-
   39  sions or revocations or forfeitures of bonds for collateral upon any  of
   40  the charges listed in this paragraph for violations which occurred prior
   41  to  September first, nineteen hundred seventy-four committed by a person
   42  employed as a bus driver on September first, nineteen  hundred  seventy-
   43  four.  However,  such  disqualification may be waived provided that five
   44  years have expired since the applicant was discharged or released from a
   45  sentence of imprisonment imposed pursuant to conviction  of  an  offense
   46  that  requires disqualification under this paragraph and that the appli-
   47  cant shall have been granted a certificate of [relief from  disabilities
   48  or  a certificate of good conduct] RESTORATION pursuant to article twen-
   49  ty-three of the correction law.
   50    (a) permanently, if that person has been  convicted  of  or  forfeited
   51  bond  or  collateral  which forfeiture order has not been vacated or the
   52  subject of an order of remission upon a  violation  committed  prior  to
   53  September  fifteenth,  nineteen  hundred eighty-five, of section 130.30,
   54  130.35, 130.45, 130.50, 130.60, or  130.65  of  the  penal  law,  or  an
   55  offense  committed  under  a former section of the penal law which would
   56  constitute a violation of the aforesaid sections of the penal law or any
       A. 3993                            21
    1  offense committed  outside  of  this  state  which  would  constitute  a
    2  violation  of  the  aforesaid  sections  of the penal law. However, such
    3  disqualification may be waived provided that  five  years  have  expired
    4  since the applicant was discharged or released from a sentence of impri-
    5  sonment  imposed  pursuant  to  conviction  of  an offense that requires
    6  disqualification under this paragraph and that the applicant shall  have
    7  been granted a certificate of [relief from disabilities or a certificate
    8  of  good  conduct]  RESTORATION  pursuant to article twenty-three of the
    9  correction law.
   10    S 43. Paragraph (a) and subparagraph (i) of paragraph (b) of  subdivi-
   11  sion  1 and paragraphs (a) and (b) and subparagraph (i) of paragraph (c)
   12  of subdivision 2 of section 509-cc of the vehicle and  traffic  law,  as
   13  added  by  chapter  675 of the laws of 1985, subparagraphs (i), (ii) and
   14  (iii) of paragraph (a) and subparagraph (i) of paragraph (b) of subdivi-
   15  sion 1 as amended by section 27 and paragraphs (a) and (b) and  subpara-
   16  graph  (i) of paragraph (c) of subdivision 2 as amended by section 28 of
   17  part LL of chapter 56 of the laws  of  2010,  are  amended  to  read  as
   18  follows:
   19    (a) permanently, if that person
   20    (i)  has  been  convicted  of  or  forfeited  bond or collateral which
   21  forfeiture order has not been vacated or the  subject  of  an  order  of
   22  remission upon a violation committed prior to September fifteenth, nine-
   23  teen  hundred  eighty-five,  of  section 130.30, 130.35, 130.45, 130.50,
   24  130.60, or 130.65 of the penal law, or  an  offense  committed  under  a
   25  former  section  of  the penal law which would constitute a violation of
   26  the aforesaid sections of the penal law or any offense committed outside
   27  of this state which  would  constitute  a  violation  of  the  aforesaid
   28  sections  of  the  penal  law, provided, however, the provisions of this
   29  subparagraph shall not apply to convictions, suspensions or  revocations
   30  or forfeitures of bonds for collateral upon any of the charges listed in
   31  this  subparagraph  for  violations  which  occurred  prior to September
   32  first, nineteen hundred seventy-four committed by a person employed as a
   33  bus driver on September first, nineteen hundred  seventy-four.  However,
   34  such  disqualification  may  be  waived  provided  that  five years have
   35  expired since the applicant was discharged or released from  a  sentence
   36  of  imprisonment  imposed  pursuant  to  conviction  of  an offense that
   37  requires disqualification under this paragraph and  that  the  applicant
   38  shall  have been granted a certificate of [relief from disabilities or a
   39  certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
   40  three  of  the correction law. When the certificate is issued by a court
   41  for a conviction which occurred in this state, it shall only  be  issued
   42  by  the court having jurisdiction over such conviction. Such certificate
   43  shall specifically indicate that the authority granting such certificate
   44  has considered the bearing, if any, the criminal offense or offenses for
   45  which the person was convicted will have on the applicant's  fitness  or
   46  ability to operate a bus transporting school children to the applicant's
   47  prospective employment, prior to granting such a certificate; or
   48    (ii)  has  been  convicted  of  an  offense listed in paragraph (a) of
   49  subdivision four of this section that was committed on or after  Septem-
   50  ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
   51  tion  may  be  waived  by the commissioner provided that five years have
   52  expired since the applicant was discharged or released from  a  sentence
   53  of  imprisonment  imposed  pursuant  to  conviction  of  an offense that
   54  requires disqualification under this paragraph and  that  the  applicant
   55  shall  have been granted a certificate of [relief from disabilities or a
   56  certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
       A. 3993                            22
    1  three  of  the correction law. When the certificate is issued by a court
    2  for a conviction which occurred in this state, it shall only  be  issued
    3  by  the court having jurisdiction over such conviction. Such certificate
    4  shall specifically indicate that the authority granting such certificate
    5  has considered the bearing, if any, the criminal offense or offenses for
    6  which  the  person was convicted will have on the applicant's fitness or
    7  ability to operate a bus transporting school children, prior to granting
    8  such a certificate; or
    9    (iii) has been convicted of an offense  listed  in  paragraph  (b)  of
   10  subdivision  four of this section that was committed on or after Septem-
   11  ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
   12  tion shall be waived provided that five years  have  expired  since  the
   13  applicant discharged or released from a sentence of imprisonment imposed
   14  pursuant  to  conviction  of  an  offense that requires disqualification
   15  under this paragraph and that the applicant shall have  been  granted  a
   16  certificate  of  [relief  from  disabilities  or  a  certificate of good
   17  conduct] RESTORATION pursuant to article twenty-three of the  correction
   18  law.    When the certificate is issued by a court for a conviction which
   19  occurred in this state, it shall only be  issued  by  the  court  having
   20  jurisdiction  over  such conviction. Such certificate shall specifically
   21  indicate that the authority granting such certificate has considered the
   22  bearing, if any, the criminal offense or offenses for which  the  person
   23  was convicted will have on the applicant's fitness or ability to operate
   24  a  bus  transporting  school  children, prior to granting such a certif-
   25  icate. Provided, however, that at the discretion  of  the  commissioner,
   26  the  certificate of relief from disabilities may remove disqualification
   27  at any time; or
   28    (i) has been convicted within the preceding five years of  an  offense
   29  listed  in  paragraph  (c)  of subdivision four of this section that was
   30  committed on or after September fifteenth, nineteen hundred eighty-five.
   31  However, such disqualification shall be waived provided that the  appli-
   32  cant  has  been  granted a certificate of [relief from disabilities or a
   33  certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
   34  three  of  the correction law. When the certificate is issued by a court
   35  for a conviction which occurred in this state, it shall only  be  issued
   36  by  the court having jurisdiction over such conviction. Such certificate
   37  shall specifically indicate that the authority granting such certificate
   38  has considered the bearing, if any, the criminal offense or offenses for
   39  which the person was convicted will have on the applicant's  fitness  or
   40  ability to operate a bus transporting school children, prior to granting
   41  such a certificate;
   42    (a) permanently, if that person has been convicted of an offense list-
   43  ed  in  paragraph (a) of subdivision four of this section. However, such
   44  disqualification may be waived by the commissioner  provided  that  five
   45  years have expired since the applicant was discharged or released from a
   46  sentence  of  imprisonment  imposed pursuant to conviction of an offense
   47  that requires disqualification under this paragraph and that the  appli-
   48  cant  shall have been granted a certificate of [relief from disabilities
   49  or a certificate of good conduct] RESTORATION pursuant to article  twen-
   50  ty-three  of  the  correction  law.  When the certificate is issued by a
   51  court for a conviction which occurred in this state, it  shall  only  be
   52  issued  by  the  court  having  jurisdiction  over such conviction. Such
   53  certificate shall specifically indicate that the authority granting such
   54  certificate has considered the bearing, if any, the criminal offense  or
   55  offenses for which the person was convicted will have on the applicant's
   56  fitness  or ability to operate a bus transporting school children to the
       A. 3993                            23
    1  applicant's prospective employment, prior to  granting  such  a  certif-
    2  icate.
    3    (b) permanently, if that person has been convicted of an offense list-
    4  ed  in  paragraph (b) of subdivision four of this section. However, such
    5  disqualification shall be waived provided that five years  have  expired
    6  since the applicant was incarcerated pursuant to a sentence of imprison-
    7  ment  imposed on conviction of an offense that requires disqualification
    8  under this paragraph and that the applicant shall have  been  granted  a
    9  certificate  of  [relief  from  disabilities  or  a  certificate of good
   10  conduct] RESTORATION pursuant to article twenty-three of the  correction
   11  law.    When the certificate is issued by a court for a conviction which
   12  occurred in this state, it shall only be  issued  by  the  court  having
   13  jurisdiction  over  such conviction. Such certificate shall specifically
   14  indicate that the authority granting such certificate has considered the
   15  bearing, if any, the criminal offense or offenses for which  the  person
   16  was convicted will have on the applicant's fitness or ability to operate
   17  a  bus  transporting  school  children, prior to granting such a certif-
   18  icate. Provided, however, that at the discretion of the commissioner the
   19  certificate of [relief  from  disabilities  or  a  certificate  of  good
   20  conduct]  RESTORATION pursuant to article twenty-three of the correction
   21  law may remove disqualification at any time.
   22    (i) has been convicted within the preceding five years of  an  offense
   23  listed  in  paragraph  (c) of subdivision four of this section. However,
   24  notwithstanding the provisions of subdivision  three  of  section  seven
   25  hundred  one  of the correction law[. Such], SUCH disqualification shall
   26  be waived provided that the applicant has been granted a certificate  of
   27  [relief  from disabilities or a certificate of good conduct] RESTORATION
   28  pursuant to article twenty-three of the correction law. When the certif-
   29  icate is issued by a court for  a  conviction  which  occurred  in  this
   30  state,  it  shall  only  be issued by the court having jurisdiction over
   31  such conviction. Such certificate shall specifically indicate  that  the
   32  authority  granting such certificate has considered the bearing, if any,
   33  the criminal offense or offenses for which the person was convicted will
   34  have on the applicant's fitness or ability to operate a bus transporting
   35  school children, prior to granting such a certificate.
   36    S 44. Subparagraph (iii) of paragraph d of subdivision  6  of  section
   37  510  of the vehicle and traffic law, as amended by section 29 of part LL
   38  of chapter 56 of the laws of 2010, is amended to read as follows:
   39    (iii) after such documentation, if required, is  accepted,  that  such
   40  person  is  granted  a  certificate  of  [relief  from disabilities or a
   41  certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
   42  three  of  the correction law by the court in which such person was last
   43  penalized.
   44    S 45. Subparagraph (iii) of paragraph (c) of subdivision 2 of  section
   45  510-a  of  the vehicle and traffic law, as amended by section 30 of part
   46  LL of chapter 56 of the laws of 2010, is amended to read as follows:
   47    (iii) after such documentation, if required, is  accepted,  that  such
   48  person  is  granted  a  certificate  of  [relief  from disabilities or a
   49  certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
   50  three  of  the correction law by the court in which such person was last
   51  penalized.
   52    S 46. Subdivision 5 of section 530 of the vehicle and traffic law,  as
   53  amended  by  section 31 of part LL of chapter 56 of the laws of 2010, is
   54  amended to read as follows:
   55    (5) A restricted use license or privilege shall be valid for the oper-
   56  ation of any motor vehicle, except a vehicle  for  hire  as  a  taxicab,
       A. 3993                            24
    1  livery,  coach, limousine, van or wheelchair accessible van or tow truck
    2  as defined in this chapter subject to the conditions set  forth  herein,
    3  which  the holder would otherwise be entitled to operate had his drivers
    4  license  or  privilege  not  been  suspended or revoked. Notwithstanding
    5  anything to the contrary in a certificate of [relief  from  disabilities
    6  or a certificate of good conduct] RESTORATION issued pursuant to article
    7  twenty-three  of  the correction law, a restricted use license shall not
    8  be valid for the operation of a commercial motor vehicle.  A  restricted
    9  use  license  shall not be valid for the operation of a vehicle for hire
   10  as a taxicab, livery, coach, limousine, van or wheelchair accessible van
   11  or tow truck where the holder thereof had his  or  her  drivers  license
   12  suspended  or revoked and (i) such suspension or revocation is mandatory
   13  pursuant to the provisions of subdivision two or two-a of  section  five
   14  hundred ten of this title; or (ii) any such suspension is permissive for
   15  habitual  or  persistent  violations  of  this  chapter or any local law
   16  relating to traffic as set forth in paragraph  d  or  i  of  subdivision
   17  three  of  section  five  hundred  ten  of this title; or (iii) any such
   18  suspension is permissive and has been imposed by a  magistrate,  justice
   19  or  judge  of  any city, town or village, any supreme court justice, any
   20  county judge, or judge of a district  court.  Except  for  a  commercial
   21  motor  vehicle  as  defined  in subdivision four of section five hundred
   22  one-a of this title, the restrictions on types of vehicles which may  be
   23  operated  with  a restricted license contained in this subdivision shall
   24  not be applicable to a restricted  license  issued  to  a  person  whose
   25  license  has  been  suspended pursuant to paragraph three of subdivision
   26  four-e of section five hundred ten of this title.
   27    S 47. Item (ii) of clause (b) of subparagraph 12 of paragraph  (b)  of
   28  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
   29  by  section  32 of part LL of chapter 56 of the laws of 2010, is amended
   30  to read as follows:
   31    (ii) that such person is granted a certificate of [relief  from  disa-
   32  bilities or a certificate of good conduct] RESTORATION pursuant to arti-
   33  cle twenty-three of the correction law.
   34    Provided, however, that the commissioner may, on a case by case basis,
   35  refuse  to  restore a license which otherwise would be restored pursuant
   36  to this item, in the interest of the public safety and welfare.
   37    S 48. Item (iii) of clause (e) of subparagraph 12 of paragraph (b)  of
   38  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
   39  by  section  33 of part LL of chapter 56 of the laws of 2010, is amended
   40  to read as follows:
   41    (iii) after such documentation is accepted, that such person is grant-
   42  ed a certificate of [relief from disabilities or a certificate  of  good
   43  conduct]  RESTORATION pursuant to article twenty-three of the correction
   44  law.
   45    S 49. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
   46  of the vehicle and traffic law, as amended by section 34 of part  LL  of
   47  chapter 56 of the laws of 2010, is amended to read as follows:
   48    (1)  Notwithstanding  anything  to the contrary contained in a certif-
   49  icate of [relief from disabilities or a  certificate  of  good  conduct]
   50  RESTORATION  issued  pursuant  to article twenty-three of the correction
   51  law, where a suspension or revocation, other than a revocation  required
   52  to be issued by the commissioner, is mandatory pursuant to paragraph (a)
   53  or (b) of this subdivision, the magistrate, justice or judge shall issue
   54  an  order  suspending  or revoking such license upon sentencing, and the
   55  license holder shall surrender such license  to  the  court.  Except  as
       A. 3993                            25
    1  hereinafter  provided,  such  suspension or revocation shall take effect
    2  immediately.
    3    S  50.  Item  (iii)  of clause a of subparagraph 3 of paragraph (e) of
    4  subdivision 2 of section 1193 of the vehicle and traffic law, as amended
    5  by section 35 of part LL of chapter 56 of the laws of 2010,  is  amended
    6  to read as follows:
    7    (iii) after such documentation is accepted, that such person is grant-
    8  ed  a  certificate of [relief from disabilities or a certificate of good
    9  conduct] RESTORATION pursuant to article twenty-three of the  correction
   10  law.
   11    S  51.  Item  (iii)  of clause c of subparagraph 1 of paragraph (d) of
   12  subdivision 2 of section 1194 of the vehicle and traffic law, as amended
   13  by section 37 of part LL of chapter 56 of the laws of 2010,  is  amended
   14  to read as follows:
   15    (iii) after such documentation is accepted, that such person is grant-
   16  ed  a  certificate of [relief from disabilities or a certificate of good
   17  conduct] RESTORATION pursuant to article twenty-three of the  correction
   18  law by the court in which such person was last penalized.
   19    S  52.  Paragraph  (g) of subdivision 7 of section 1196 of the vehicle
   20  and traffic law, as amended by section 38 of part LL of  chapter  56  of
   21  the laws of 2010, is amended to read as follows:
   22    (g)  Notwithstanding  anything  to the contrary contained in a certif-
   23  icate of [relief from disabilities or a  certificate  of  good  conduct]
   24  RESTORATION  issued  pursuant  to article twenty-three of the correction
   25  law, any conditional license or privilege issued to a  person  convicted
   26  of  a  violation of any subdivision of section eleven hundred ninety-two
   27  of this article shall not be valid for the operation of  any  commercial
   28  motor  vehicle.  In  addition,  no such conditional license or privilege
   29  shall be valid for the operation of a taxicab as defined in  this  chap-
   30  ter.
   31    S  53. Whenever the term "certificate of good conduct" or "certificate
   32  of relief from disabilities" or any  equivalent  expression  thereof  is
   33  used  in  any provision of law, either such term shall be deemed to mean
   34  and refer to a certificate of restoration as established in this act.
   35    S 54. Any certificate of relief from disabilities  or  certificate  of
   36  good  conduct  issued  prior  to the effective date of this act shall be
   37  deemed the equivalent of a certificate of restoration and  shall  remain
   38  in  full  force  and effect on and after the effective date of this act.
   39  Nothing in this act shall be read to invalidate a certificate of  relief
   40  from  disabilities  or a certificate of good conduct issued prior to the
   41  effective date of this act.
   42    S 55. This act shall take effect on the ninetieth day after  it  shall
   43  have  become  a  law,  provided  that the amendments to subdivision 5 of
   44  section 530 of the vehicle and traffic law made by section forty-six  of
   45  this  act  shall not affect the expiration of such subdivision and shall
   46  be deemed to expire therewith.