S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4122

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M. of A. AUBRY, LENTOL, WRIGHT, GLICK, V. LOPEZ, CAMARA,
  JAFFEE, BOYLAND, ROBINSON -- Multi-Sponsored by -- M.  of  A.  CAHILL,
  CLARK,  GOTTFRIED,  HEASTIE,  HIKIND,  MAISEL, MARKEY, PEOPLES-STOKES,
  TITONE, WEISENBERG -- 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:

  Section 1. Paragraph (a) of  subdivision  1  of  section  700  of  the
correction  law,  as  amended  by  chapter  342  of the laws of 1972, is
amended to read as follows:
  (a) "Eligible offender" shall mean a person who has been convicted  of
a crime or of an offense[, but who has not been convicted more than once
of a felony].
  S  2.  Section 701 of the correction law, as amended by chapter 342 of
the laws of 1972, subdivision 2 as amended by section 2 of  chapter  235
of the laws of 2007, is amended to read as follows:
  S  701.  Certificate  of  [relief from disabilities] RESTORATION. 1. A
certificate of [relief from disabilities] RESTORATION may be granted  as
provided  in this article to relieve an eligible offender of any forfei-
ture or disability, or to remove any bar  to  his  employment,  automat-
ically imposed by law by reason of his conviction of the crime or of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05992-01-3
              

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offense  specified  therein.  Such  certificate may be limited to one or
more enumerated forfeitures, disabilities or bars, or  may  relieve  the
eligible  offender of all forfeitures, disabilities and bars. [Provided,
however,  that no such certificate shall apply, or be construed so as to
apply, to the right of such person to  retain  or  to  be  eligible  for
public office.]
  2. Notwithstanding any other provision of law, except subdivision five
of  section  twenty-eight  hundred six of the public health law or para-
graph (b) of subdivision two of section eleven hundred  ninety-three  of
the  vehicle  and  traffic law, a conviction of a crime or of an offense
specified in a certificate of  [relief  from  disabilities]  RESTORATION
shall  not  cause  automatic  forfeiture  of  any  license, other than a
license issued pursuant to section 400.00 of the penal law to  a  person
convicted  of a class A-I felony or a violent felony offense, as defined
in subdivision one of section 70.02 of the penal  law,  permit,  employ-
ment,  or  franchise,  including the right to register for or vote at an
election, or automatic forfeiture of any other right or privilege,  held
by  the eligible offender and covered by the certificate. Nor shall such
conviction be deemed to be  a  conviction  within  the  meaning  of  any
provision  of  law that imposes, by reason of a conviction, a bar to any
employment, a disability to exercise any right, or a disability to apply
for or to receive any license, permit, or other authority  or  privilege
covered  by  the certificate; provided, however, that a conviction for a
second or subsequent violation of  any  subdivision  of  section  eleven
hundred  ninety-two  of the vehicle and traffic law committed within the
preceding ten years shall impose a disability to apply for or receive an
operator's license during the period provided in such law; and  provided
further,  however, that a conviction for a class A-I felony or a violent
felony offense, as defined in subdivision one of section  70.02  of  the
penal  law,  shall impose a disability to apply for or receive a license
or permit issued pursuant to section 400.00 of the penal law. A  certif-
icate  of  [relief  from  a  disability] RESTORATION imposed pursuant to
subparagraph (v) of paragraph b of subdivision two and paragraphs i  and
j  of  subdivision  six  of  section five hundred ten of the vehicle and
traffic law may only be issued  upon  a  determination  that  compelling
circumstances warrant such relief.
  3.  A certificate of [relief from disabilities] RESTORATION shall not,
however, in any way prevent any judicial, administrative,  licensing  or
other  body,  board or authority from relying upon the conviction speci-
fied therein as the basis for the exercise of its discretionary power to
suspend, revoke, refuse to issue or refuse to renew any license,  permit
or other authority or privilege.
  S 3. Intentionally omitted.
  S  4.  Section 702 of the correction law, as amended by chapter 342 of
the laws of 1972, the section heading as amended by chapter 931  of  the
laws  of  1976,  subdivision  1 as amended by chapter 488 of the laws of
2011, subdivision 3 as amended by section 64 of part A of chapter 56  of
the  laws  of  2010 and subdivisions 4 and 6 as amended by section 32 of
subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
read as follows:
  S  702.  Certificates of [relief from disabilities] RESTORATION issued
by courts.  1. Any court of this state [may, in its discretion,]  SHALL,
ABSENT  A  FINDING  THAT  ISSUANCE  OF  SUCH CERTIFICATE WILL JEOPARDIZE
PUBLIC SAFETY, issue a certificate of [relief from disabilities]  RESTO-
RATION  AT  THE  TIME  OF  SENTENCING  to  an  eligible  offender  for a
conviction that occurred in such court, if the court [either (a) imposed

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a revocable sentence or (b)] imposed a sentence other than one  executed
by  commitment  to  an  institution  under the jurisdiction of the state
department of corrections and community  supervision.  Such  certificate
[may be] issued [(i)] at the time sentence is pronounced[, in which case
it] may grant relief from forfeitures, as well as from disabilities[, or
(ii)  at any time thereafter, in which case it shall apply only to disa-
bilities].   Where such court either imposes  a  revocable  sentence  or
imposes  a sentence other than one executed by commitment to an institu-
tion under the jurisdiction of the state department of  corrections  and
community  supervision,  the  court,  upon application and in accordance
with subdivision two of this  section,  shall  initially  determine  the
fitness  of an eligible offender for such certificate prior to or at the
time sentence is pronounced. WHERE THE COURT FINDS THAT ISSUANCE OF  THE
CERTIFICATE  AT  SENTENCING  WILL JEOPARDIZE PUBLIC SAFETY, SUCH CERTIF-
ICATE SHALL BE ISSUED AS FOLLOWS:
  (A) FOR AN OFFENDER WHO RECEIVES A REVOCABLE SENTENCE,  SUCH  OFFENDER
SHALL  BE ISSUED SUCH CERTIFICATE AFTER SERVING ONE YEAR OF SUCH REVOCA-
BLE SENTENCE IMPOSED BY THE COURT PROVIDED THAT SUCH  OFFENDER  HAS  NOT
BEEN CONVICTED OF A NEW CRIME DURING THAT TIME AND IS NOT THE SUBJECT OF
AN UNDISPOSED ARREST. SUCH CERTIFICATE SHALL APPLY ONLY TO DISABILITIES.
IN ORDER TO RECEIVE SUCH A CERTIFICATE, THE ELIGIBLE OFFENDER MUST APPLY
TO THE COURT IN WHICH THEY WERE SENTENCED.
  (B)  FOR AN OFFENDER WHO RECEIVES A DEFINITE SENTENCE OF IMPRISONMENT,
SUCH OFFENDER SHALL BE ISSUED SUCH CERTIFICATE ONE  YEAR  AFTER  RELEASE
FROM INCARCERATION PROVIDED THAT SUCH OFFENDER HAS NOT BEEN CONVICTED OF
A  NEW  CRIME  DURING  THAT TIME AND IS NOT THE SUBJECT OF AN UNDISPOSED
ARREST. SUCH CERTIFICATE SHALL APPLY ONLY TO DISABILITIES.  IN ORDER  TO
RECEIVE  SUCH  A  CERTIFICATE,  THE  ELIGIBLE OFFENDER MUST APPLY TO THE
COURT IN WHICH THEY WERE SENTENCED.
  IN CALCULATING THE ONE YEAR PERIODS UNDER PARAGRAPHS (A)  AND  (B)  OF
THIS  SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE PERSON WAS INCAR-
CERATED FOR ANY REASON BETWEEN THE TIME OF CONVICTION AND  THE  DATE  ON
WHICH  THE ELIGIBLE OFFENDER BECOMES ELIGIBLE FOR A CERTIFICATE SHALL BE
EXCLUDED AND SUCH ONE YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
ODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
  2. [Such] THE RELIEF GRANTED BY SUCH certificate shall [not be  issued
by the court unless the court is satisfied that:
  (a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred;
  (b) The relief to be granted by the certificate is] BE consistent with
the rehabilitation of the eligible offender[;] and
  [(c)  The  relief  to  be granted by the certificate is] BE consistent
with the public interest.
  3. [Where a certificate of relief from disabilities is not  issued  at
the  time sentence is pronounced it shall only be issued thereafter upon
verified application to the court. The court may,  for  the  purpose  of
determining  whether  such  certificate  shall  be  issued,  request its
probation service to conduct an investigation of the  applicant,  or  if
the  court has no probation service it may request the probation service
of the county court for the county in which  the  court  is  located  to
conduct  such  investigation. Any probation officer requested to make an
investigation pursuant to this section shall prepare and submit  to  the
court a written report in accordance with such request.
  4.]  Where  the court has imposed a revocable sentence and the certif-
icate of [relief from disabilities] RESTORATION is issued prior  to  the
expiration  or  termination  of the time which the court may revoke such

A. 4122                             4

sentence, the certificate shall be deemed to be a temporary  certificate
until  such  time  as  the  court's authority to revoke the sentence has
expired or is terminated. While temporary, such certificate (a)  may  be
revoked  by  the  court for violation of the conditions of the sentence,
and (b) shall be revoked by the court if it  revokes  the  sentence  and
commits the person to an institution under the jurisdiction of the state
department of corrections and community supervision. Any such revocation
shall  be  upon  notice  and  after  an  opportunity to be heard. If the
certificate is not so revoked, it shall become a  permanent  certificate
upon  expiration  or  termination of the court's authority to revoke the
sentence.
  [5] 4.  Any court that has issued a certificate of [relief from  disa-
bilities] RESTORATION may at any time issue a new certificate to enlarge
the relief previously granted, provided, however, that the provisions of
subdivisions one through [four] THREE of this section shall apply to the
issuance of any such new certificate.
  [6.]  5.  Any  written report submitted to the court [pursuant to] FOR
THE PURPOSES OF this section is confidential and may not be made  avail-
able to any person or public or private agency except where specifically
required  or  permitted by statute or upon specific authorization of the
court. However, upon the court's receipt of such report, the court shall
provide a copy of such report, or direct that such report be provided to
the applicant's attorney, or the applicant himself, if he or she has  no
attorney. In its discretion, the court may except from disclosure a part
or  parts  of  the  report  which  are not relevant to the granting of a
certificate, or sources of information which have  been  obtained  on  a
promise  of confidentiality, or any other portion thereof, disclosure of
which would not be in the interest of justice. The action of  the  court
excepting  information  from  disclosure  shall  be subject to appellate
review. The court, in its discretion, may  hold  a  conference  in  open
court or in chambers to afford an applicant an opportunity to controvert
or  to  comment  upon  any  portions  of  the report. The court may also
conduct a summary hearing at the conference on any  matter  relevant  to
the granting of the application and may take testimony under oath.
  S  5.  Section  703 of the correction law, as amended by section 34 of
subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
read as follows:
  S  703.  Certificates of [relief from disabilities] RESTORATION issued
by the department of  corrections  and  community  supervision.  1.  The
department  of  corrections  and  community  supervision shall [have the
power to] issue a certificate of [relief from disabilities]  RESTORATION
to:
  (a)  any  eligible  offender  who has been committed to an institution
under the jurisdiction of the state department of corrections and commu-
nity supervision WHO SUCCESSFULLY EARNED MERIT TIME OR A CERTIFICATE  OF
EARNED  ELIGIBILITY  DURING THEIR PERIOD OF INCARCERATION.  Such certif-
icate [may] SHALL be issued by the department at the time  the  offender
is released from such institution under the department's supervision [or
otherwise  or at any time thereafter]. IF SUCH ELIGIBLE OFFENDER DID NOT
EARN MERIT TIME OR A CERTIFICATE OF EARNED ELIGIBILITY, THE BOARD  SHALL
ISSUE  SUCH  CERTIFICATE AT THE TIME OF SUCH ELIGIBLE OFFENDER'S RELEASE
FROM PRISON UNLESS IT IS DETERMINED THAT THE ISSUANCE  OF  SUCH  CERTIF-
ICATE  WOULD JEOPARDIZE PUBLIC SAFETY. IF SUCH CERTIFICATE IS NOT ISSUED
UPON SUCH ELIGIBLE OFFENDER'S RELEASE FROM PRISON, SUCH  OFFENDER  SHALL
BE  ISSUED A CERTIFICATE BY THE BOARD OF PAROLE AFTER TWO YEARS OF UNRE-
VOKED PAROLE, CONDITIONAL RELEASE OR  POST-RELEASE  SUPERVISION.    SUCH

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INDIVIDUAL  SHALL  APPLY TO THE BOARD OF PAROLE IN ORDER TO RECEIVE SUCH
CERTIFICATE.
  IN CALCULATING THE TWO YEAR PERIOD UNDER THIS PARAGRAPH, ANY PERIOD OF
TIME DURING WHICH THE PERSON WAS INCARCERATED FOR ANY REASON BETWEEN THE
TIME  OF  CONVICTION AND THE DATE ON WHICH THE ELIGIBLE OFFENDER BECOMES
ELIGIBLE FOR A CERTIFICATE SHALL BE EXCLUDED AND SUCH  TWO  YEAR  PERIOD
SHALL  BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED UNDER
SUCH INCARCERATION;
  (b) any eligible offender who resides  within  this  state  and  whose
judgment of conviction was rendered by a court in any other jurisdiction
WHERE SUCH ELIGIBLE OFFENDER APPLIES FOR SUCH CERTIFICATE, IS NOT INCAR-
CERATED  AT  THE TIME OF THE APPLICATION AND IS NOT SUBJECT TO AN UNDIS-
POSED ARREST, UNLESS THE BOARD DETERMINES  THAT  THE  ISSUANCE  OF  SUCH
CERTIFICATE WOULD JEOPARDIZE PUBLIC SAFETY. IF A CERTIFICATE OF RESTORA-
TION IS NOT ISSUED AT THE TIME OF THE APPLICATION, THE BOARD SHALL ISSUE
A  CERTIFICATE  TO SUCH ELIGIBLE OFFENDER ONE YEAR AFTER THE DATE OF THE
APPLICATION WHERE THE JUDGMENT OF CONVICTION WAS FOR A  MISDEMEANOR  AND
TWO  YEARS  AFTER  THE  DATE  OF  THE  APPLICATION WHERE THE JUDGMENT OF
CONVICTION WAS FOR A FELONY, PROVIDED THAT SUCH OFFENDER  HAS  NOT  BEEN
CONVICTED OF A NEW CRIME AND IS NOT THE SUBJECT OF AN UNDISPOSED ARREST.
  2. Where the department has issued a certificate of [relief from disa-
bilities]  RESTORATION,  the  department  may  at  any  time issue a new
certificate enlarging the relief previously granted.
  3. The RELIEF GRANTED BY THE department [shall not  issue  any]  IN  A
certificate  of  [relief  from  disabilities]  RESTORATION  pursuant  to
[subdivisions] SUBDIVISION one or two[, unless the department is  satis-
fied that:
  (a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred;
  (b)  The  relief  to be granted by the certificate is] OF THIS SECTION
SHALL BE consistent with the rehabilitation of the eligible  offender[;]
and
  [(c)  The  relief  to  be granted by the certificate is] BE consistent
with the public interest.
  4. Any certificate of [relief from disabilities] RESTORATION issued by
the department to an eligible offender who at time of  the  issuance  of
the  certificate  is under the department's supervision, shall be deemed
to be a temporary certificate until such time as the  eligible  offender
is  discharged  from the department's supervision, and, while temporary,
such certificate may be revoked by the department for violation  of  the
conditions  of community supervision. Revocation shall be upon notice to
the releasee, who shall  be  accorded  an  opportunity  to  explain  the
violation  prior  to  decision  thereon.  If  the  certificate is not so
revoked, it shall become a  permanent  certificate  upon  expiration  or
termination of the department's jurisdiction over the individual.
  5. In granting or revoking a certificate of [relief from disabilities]
RESTORATION  the  action  of  the  department shall be deemed a judicial
function and shall not be reviewable if done according to law.
  6. For the purpose of determining whether such  certificate  shall  be
issued, the department may conduct an investigation of the applicant.
  7. Presumption based on federal recommendation. Where a certificate of
[relief  from  disabilities] RESTORATION is sought pursuant to paragraph
(b) of subdivision one of this  section  on  a  judgment  of  conviction
rendered by a federal district court in this state and the department is
in  receipt of a written recommendation in favor of the issuance of such
certificate from the  chief  probation  officer  of  the  district,  the

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department  shall  issue the requested certificate, unless it finds that
the requirements of [paragraphs (a), (b) and (c) of]  subdivision  three
of  this  section  have  not  been  satisfied;  or that the interests of
justice would not be advanced by the issuance of the certificate.
  S 6. Section 703-a of the correction law is REPEALED.
  S 7. Section 703-b of the correction law is REPEALED.
  S 8. Section 704 of the correction law, as added by chapter 654 of the
laws of 1966, is amended to read as follows:
  S  704.  Effect of revocation; use of revoked certificate.  1. Where a
certificate of [relief from disabilities] RESTORATION is  deemed  to  be
temporary  and such certificate is revoked, disabilities and forfeitures
thereby relieved shall be reinstated as  of  the  date  upon  which  the
person  to  whom  the  certificate was issued receives written notice of
such revocation. Any such person  shall  upon  receipt  of  such  notice
surrender the certificate to the issuing court or board.
  2.  A  person who knowingly uses or attempts to use, a revoked certif-
icate of [relief from disabilities] RESTORATION in order to obtain or to
exercise any right or privilege that he would not be entitled to  obtain
or  to  exercise without a valid certificate shall be guilty of a misde-
meanor.
  3. WHERE A CERTIFICATE OF RESTORATION HAS BEEN REVOKED,  THE  OFFENDER
SHALL  BE  ELIGIBLE  FOR  A  NEW CERTIFICATE IN ACCORDANCE WITH SECTIONS
SEVEN HUNDRED TWO AND SEVEN HUNDRED THREE OF THIS ARTICLE AS APPLICABLE.
  S 9. Section 705 of the correction law, as amended by  section  36  of
subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
read as follows:
  S 705. Forms and filing. 1. All applications, certificates and  orders
of  revocation  necessary for the purposes of this article shall be upon
forms prescribed pursuant to agreement among the state  commissioner  of
corrections  and  community supervision, the chairman of the state board
of parole and the administrator of the state judicial  conference.  Such
forms relating to certificates of [relief from disabilities] RESTORATION
shall  be distributed by the office of probation and correctional alter-
natives and [forms relating to certificates of  good  conduct  shall  be
distributed]  by  the  commissioner of the department of corrections and
community supervision.
  2. Any court or department issuing or revoking any certificate  pursu-
ant to this article shall immediately file a copy of the certificate, or
of  the  order of revocation, with the New York state identification and
intelligence system.
  S 10. Paragraph (h) of subdivision 1 of section 130 of  the  executive
law,  as  amended  by  section 1 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
  (h) vagrancy or prostitution, and  who  has  not  subsequent  to  such
conviction  received  an  executive  pardon therefor or a certificate of
[relief from disabilities or a certificate of good conduct]  RESTORATION
pursuant  to  article  twenty-three  of the correction law to remove the
disability under this section because of such conviction.
  S 11. Subdivision 3 of section 175 of the executive law, as amended by
section 2 of part LL of chapter 56 of the laws of 2010,  is  amended  to
read as follows:
  3.  Upon  a  showing  by the attorney general in an application for an
injunction that any person engaged in solicitation has been convicted in
this state or elsewhere of a felony or of a  misdemeanor  involving  the
misappropriation,  misapplication  or misuse of the money or property of
another, and who has not, subsequent to such conviction, received execu-

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tive pardon therefor or a certificate of [relief from disabilities or  a
certificate  of  good  conduct]  RESTORATION pursuant to article twenty-
three of the correction law, the supreme court,  after  a  hearing,  may
enjoin such person from engaging in any solicitation.
  S  12.  Clause 1 of paragraph c of subdivision 2 of section 435 of the
executive law, as amended by chapter 371 of the laws of 1974, is amended
to read as follows:
  (1) a person convicted of a crime who has not received a pardon[,]  OR
a certificate of [good conduct or a certificate of relief from disabili-
ties] RESTORATION;
  S 13. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
amended  by  section 24 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
  (c) If a person convicted of a felony or crime deemed hereby to  be  a
felony  is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States,  or  shall
receive  a  certificate of [relief from disabilities or a certificate of
good conduct]  RESTORATION  pursuant  to  article  twenty-three  of  the
correction  law  for  the  purpose of removing the disability under this
section because of such conviction,  the  tax  commission  may,  in  its
discretion,  on  application of such person and compliance with subdivi-
sion two of this section, and on the submission to  it  of  satisfactory
evidence  of  good  moral character and suitability, again register such
person as a distributor under this article.
  S 14. Subdivision 2 of section 102 of the alcoholic  beverage  control
law,  as  amended  by  section 1 of part OO of chapter 56 of the laws of
2010, the opening paragraph as separately amended by section 3  of  part
LL  of  chapter  56  of the laws of 2010 and paragraph (g) as separately
amended by chapter 232 of the laws  of  2010,  is  amended  to  read  as
follows:
  2.  No  person  holding any license hereunder, other than a license to
sell an alcoholic beverage at retail for off-premises consumption  or  a
license  or  special license to sell an alcoholic beverage at retail for
consumption on the premises where such license authorizes  the  sale  of
liquor,  beer  and/or  wine on the premises of a catering establishment,
hotel, restaurant,  club,  or  recreational  facility,  shall  knowingly
employ  in connection with his OR HER business in any capacity whatsoev-
er, any person, who has been convicted  of  a  felony,  or  any  of  the
following  offenses,  who has not subsequent to such conviction received
an executive pardon therefor removing any  civil  disabilities  incurred
thereby,  a certificate of [relief from disabilities or a certificate of
good conduct]  RESTORATION  pursuant  to  article  twenty-three  of  the
correction  law,  or  other relief from disabilities provided by law, or
the written approval of  the  state  liquor  authority  permitting  such
employment, to wit:
  (a)  Illegally using, carrying or possessing a pistol or other danger-
ous weapon;
  (b) Making or possessing burglar's instruments;
  (c) Buying or receiving or criminally possessing stolen property;
  (d) Unlawful entry of a building;
  (e) Aiding escape from prison;
  (f) Unlawfully  possessing  or  distributing  habit  forming  narcotic
drugs;
  (g) Violating subdivisions six, ten or eleven of section seven hundred
twenty-two  of  the  former penal law as in force and effect immediately

A. 4122                             8

prior to September first, nineteen  hundred  sixty-seven,  or  violating
[sections] SECTION 165.25 or 165.30 of the penal law;
  (h) Vagrancy or prostitution; or
  (i)  Ownership,  operation,  possession, custody or control of a still
subsequent to July first, nineteen hundred fifty-four.
  If, as hereinabove provided, the state  liquor  authority  issues  its
written approval for the employment by a licensee, in a specified capac-
ity, of a person previously convicted of a felony or any of the offenses
above  enumerated,  such  person,  may, unless he OR SHE is subsequently
convicted of a felony or any of such offenses, thereafter be employed in
the same capacity by any other  licensee  without  the  further  written
approval of the authority unless the prior approval given by the author-
ity is terminated.
  The  liquor  authority  may  make  such rules as it deems necessary to
carry out the purpose and intent of this subdivision.
  As used in this subdivision, "recreational facility" shall  mean:  (i)
premises  that  are  part  of a facility the principal business of which
shall be the providing of recreation in the form of golf, tennis,  swim-
ming,  skiing or boating; and (ii) premises in which the principal busi-
ness shall be the operation of a theatre,  concert  hall,  opera  house,
bowling  establishment,  excursion  and  sightseeing vessel, or accommo-
dation of athletic events, sporting events, expositions and other  simi-
lar  events or occasions requiring the accommodation of large gatherings
of persons.
  S 15. Paragraph (d) of subdivision 1 of section 110 of  the  alcoholic
beverage  control law, as amended by chapter 114 of the laws of 2000, is
amended to read as follows:
  (d) A statement that such applicant or the applicant's spouse has  not
been  convicted  of  a  crime addressed by the provisions of section one
hundred twenty-six of this article  which  would  forbid  the  applicant
(including  any  officers, directors, shareholders or partners listed in
the statement of identity under paragraph (a) of this subdivision or the
spouse of such person) or the applicant's spouse to traffic in alcoholic
beverages, a statement whether or not the applicant (including any offi-
cers, directors, shareholders or partners listed  in  the  statement  of
identity  under  paragraph  (a) of this subdivision or the spouse of any
such person) or the applicant's  spouse  is  an  official  described  in
section  one  hundred twenty-eight of this article, and a description of
any crime that the applicant (including any officers, directors,  share-
holders  or  partners  listed under paragraph (a) of this subdivision or
the spouse of any such  person)  or  the  applicant's  spouse  has  been
convicted  of and whether such person has received a pardon, certificate
of  [good  conduct  or  certificate   of   relief   from   disabilities]
RESTORATION;  provided,  however,  that  no  person  shall be denied any
license solely on the grounds that such person is the spouse of a person
otherwise disqualified from holding a license under this chapter.
  S 16. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
age control law, as amended by section 50 of subpart  B  of  part  C  of
chapter 62 of the laws of 2011, are amended to read as follows:
  1.  Except  as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors  mentioned
in  section eleven hundred forty-six of the former penal law as in force
and effect  immediately  prior  to  September  first,  nineteen  hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal  law,  unless subsequent to such conviction such person shall have
received an  executive  pardon  therefor  removing  this  disability,  a

A. 4122                             9

certificate  of  [good  conduct granted by the department of corrections
and community supervision, or a certificate of relief from disabilities]
RESTORATION granted by  the  department  of  corrections  and  community
supervision or a court of this state pursuant to the provisions of arti-
cle  twenty-three  of  the correction law to remove the disability under
this section because of such conviction.
  1-a. Notwithstanding the provision of subdivision one of this section,
a corporation holding a license to traffic in alcoholic beverages  shall
not,  upon conviction of a felony or any of the misdemeanors or offenses
described in subdivision one of this section, be automatically forbidden
to traffic in alcoholic beverages, but the application for a license  by
such a corporation shall be subject to denial, and the license of such a
corporation shall be subject to revocation or suspension by the authori-
ty  pursuant  to section one hundred eighteen of this [chapter] ARTICLE,
consistent  with  the  provisions  of  article  twenty-three-A  of   the
correction  law. For any felony conviction by a court other than a court
of this state, the authority may request the department  of  corrections
and  community  supervision  to  investigate  and  review  the facts and
circumstances concerning such a conviction, and such  department  shall,
if  so requested, submit its findings to the authority as to whether the
corporation has conducted itself in a  manner  such  that  discretionary
review by the authority would not be inconsistent with the public inter-
est.  The department of corrections and community supervision may charge
the licensee or applicant a fee equivalent to the expenses of an  appro-
priate investigation under this subdivision. For any conviction rendered
by  a court of this state, the authority may request the corporation, if
the corporation is eligible for a certificate of [relief from  disabili-
ties]  RESTORATION,  to  seek  such  a certificate [from the court which
rendered the conviction] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF  THE
CORRECTION  LAW and to submit such a certificate as part of the authori-
ty's discretionary review process.
  4. A copartnership or a corporation, unless each member of  the  part-
nership,  or  each of the principal officers and directors of the corpo-
ration, is a citizen of the United States or an alien lawfully  admitted
for  permanent  residence in the United States, not less than twenty-one
years of age, and has not been convicted of any felony  or  any  of  the
misdemeanors,  specified  in  section  eleven  hundred  forty-six of the
former penal law as in force and effect immediately prior  to  September
first, nineteen hundred sixty-seven, or of an offense defined in section
230.20  or  230.40  of  the  penal law, or if so convicted has received,
subsequent to such conviction, an  executive  pardon  therefor  removing
this  disability,  a certificate of [good conduct granted by the depart-
ment of corrections and  community  supervision,  or  a  certificate  of
relief  from  disabilities]  RESTORATION  granted  by  the department of
corrections and community supervision or a court of this state  pursuant
to  the  provisions  of  article  twenty-three  of the correction law to
remove the disability under this section  because  of  such  conviction;
provided  however  that  a  corporation  which otherwise conforms to the
requirements of this section and chapter may be licensed if each of  its
principal  officers and more than one-half of its directors are citizens
of the United States or aliens lawfully admitted for permanent residence
in the United States; and provided further that a corporation  organized
under  the  not-for-profit  corporation  law  or the education law which
otherwise conforms to the requirements of this section and  chapter  may
be  licensed if each of its principal officers and more than one-half of
its directors are not less than twenty-one years of age and none of  its

A. 4122                            10

directors are less than eighteen years of age; and provided further that
a  corporation organized under the not-for-profit corporation law or the
education law and located on the premises of a  college  as  defined  by
section  two  of  the  education  law  which  otherwise  conforms to the
requirements of this section and chapter may be licensed if each of  its
principal  officers and each of its directors are not less than eighteen
years of age.
  S 17. Subdivision 4 of section 96-z-3 of the agriculture  and  markets
law,  as  amended  by  section 4 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
  (4) applicant, an officer, director, partner, or  holder  of  ten  per
centum or more of the voting stock of an applicant has been convicted of
a felony by a court of the United States or any state or territory ther-
eof,  without  subsequent  pardon  by  the governor or other appropriate
authority  of  the  state  or  jurisdiction  in  which  such  conviction
occurred,  or  the receipt of a certificate of [relief from disabilities
or a certificate of good conduct] RESTORATION pursuant to article  twen-
ty-three of the correction law,
  S 18. Paragraph (d) of subdivision 4 of section 129 of the agriculture
and markets law, as amended by section 5 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
  (d)  The  applicant or registrant, or an officer, director, partner or
holder of ten per centum or more of the voting stock of the applicant or
registrant, has been convicted of a felony by  a  court  of  the  United
States  or  any state or territory thereof, without subsequent pardon by
the governor or other appropriate authority of the state or jurisdiction
in which such conviction  occurred,  or  receipt  of  a  certificate  of
[relief  from disabilities or a certificate of good conduct] RESTORATION
pursuant to article twenty-three of the correction law;
  S 19. Paragraph (c) of subdivision 2 of section  2897  of  the  public
health  law,  as  amended  by section 21 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
  (c) If a person convicted of a felony or crime deemed hereby to  be  a
felony  is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States,  or  shall
receive  a  certificate of [relief from disabilities or a certificate of
good conduct]  RESTORATION  pursuant  to  article  twenty-three  of  the
correction  law  for  the  purpose of removing the disability under this
section because of such conviction, the board may, in its discretion, on
application of such person, and on the submission to it of  satisfactory
evidence,  restore  to  such  person  the right to practice nursing home
administration in this state.
  S 20. Section 3454 of the public health law, as amended by section  22
of  part  LL  of  chapter  56 of the laws of 2010, is amended to read as
follows:
  S 3454. Restoration of licenses after conviction of  a  felony.  If  a
person  convicted  of  a felony or crime deemed to be a felony is subse-
quently pardoned by the governor of the state where such conviction  was
had or by the president of the United States, or shall receive a certif-
icate  of  [relief  from  disabilities or a certificate of good conduct]
RESTORATION pursuant to article twenty-three of the  correction  law  to
remove the disability under this section because of such conviction, the
commissioner  may,  in  his  OR  HER  discretion, on application of such
person, and on the submission to him OR HER  of  satisfactory  evidence,
restore to such person the right to practice in this state.

A. 4122                            11

  S  21.  Paragraph  (a)  of subdivision 2 of section 3510 of the public
health law, as added by chapter 175 of the laws of 2006, is  amended  to
read as follows:
  (a)  No  person convicted of a felony shall continue to hold a license
to practice radiologic technology, unless he or she has been granted  an
executive  pardon,  a  certificate  of  [relief  from  disabilities or a
certificate of good  conduct]  RESTORATION  for  such  felony  and,  the
commissioner,  in  his  or  her  discretion,  restores the license after
determining that the individual does not pose a threat to patient health
and safety.
  S 22. Paragraph 1 of subdivision (a) of section 189-a of  the  general
municipal  law,  as added by chapter 574 of the laws of 1978, is amended
to read as follows:
  (1) a person convicted of a crime who has not  received  a  pardon,  a
certificate  of  [good conduct or a certificate of relief from disabili-
ties] RESTORATION;
  S 23. Paragraph (a) of subdivision 1 of section  191  of  the  general
municipal  law, as amended by section 15 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
  (a) Issuance of licenses to conduct games of chance. If such clerk  or
department  shall  determine  that the applicant is duly qualified to be
licensed to conduct games of chance under this article; that the  member
or  members  of  the  applicant  designated in the application to manage
games of chance are bona fide active members of the  applicant  and  are
persons  of  good  moral  character  and  have never been convicted of a
crime, or, if convicted, have received a pardon, a certificate of  [good
conduct or a certificate of relief from disabilities] RESTORATION pursu-
ant  to  article twenty-three of the correction law; that such games are
to be conducted in accordance with the provisions of this article and in
accordance with the rules and regulations of the  board  and  applicable
local  laws  or  ordinances  and  that  the  proceeds  thereof are to be
disposed of as provided by this article, and if such clerk or department
is satisfied that no commission, salary, compensation, reward or  recom-
pense  whatever  will be paid or given to any person managing, operating
or assisting therein except as in this article  otherwise  provided;  it
shall  issue  a  license  to  the  applicant for the conduct of games of
chance upon payment of a license fee of  twenty-five  dollars  for  each
license period.
  S  24.  Paragraph  (a)  of subdivision 9 of section 476 of the general
municipal law, as amended by section 16 of part LL of chapter 56 of  the
laws of 2010, is amended to read as follows:
  (a)  a  person convicted of a crime who has not received a pardon or a
certificate of [good conduct or a certificate of relief  from  disabili-
ties]  RESTORATION  pursuant  to  article twenty-three of the correction
law;
  S 25. Paragraph (a) of subdivision 1 of section  481  of  the  general
municipal  law, as amended by section 17 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
  (a) Issuance of licenses to conduct bingo. If the  governing  body  of
the municipality shall determine that the applicant is duly qualified to
be  licensed  to  conduct  bingo  under this article; that the member or
members of the applicant designated in the application to conduct  bingo
are  bona  fide  active members of the applicant and are persons of good
moral character and  have  never  been  convicted  of  a  crime  or,  if
convicted, have received a pardon or a certificate of [good conduct or a
certificate of relief from disabilities] RESTORATION pursuant to article

A. 4122                            12

twenty-three  of the correction law; that such games are to be conducted
in accordance with the provisions of this article and in accordance with
the rules and regulations of the commission, and that the proceeds ther-
eof  are  to  be  disposed  of  as  provided by this article, and if the
governing body is satisfied that no  commission,  salary,  compensation,
reward  or recompense whatever will be paid or given to any person hold-
ing, operating or conducting or assisting in the holding, operation  and
conduct  of any such games except as in this article otherwise provided;
and that no prize will be offered and given in  excess  of  the  sum  or
value  of one thousand dollars in any single game and that the aggregate
of all prizes offered and given in all of  such  games  conducted  on  a
single occasion, under said license shall not exceed the sum or value of
three  thousand  dollars,  it shall issue a license to the applicant for
the conduct of bingo upon payment of a license fee of  eighteen  dollars
and  seventy-five cents for each bingo occasion; provided, however, that
the governing body shall refuse to issue a license to an applicant seek-
ing to conduct bingo in premises of a licensed commercial  lessor  where
it  determines  that  the  premises  presently owned or occupied by said
applicant are in every respect  adequate  and  suitable  for  conducting
bingo games.
  S 26. Paragraph b of subdivision 5 of section 84-a of the town law, as
amended  by  section 10 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
  b. On the reverse side of such envelope shall be printed the following
statement:
                        STATEMENT OF ABSENTEE VOTER
  I do declare that I will have been a citizen of the United States  for
thirty  days, and will be at least eighteen years of age, on the date of
the special town election; that I will have  been  a  resident  of  this
state  and  of  the  town shown on the reverse side of this envelope for
thirty days next preceding the said election; that I am or on such  date
will  be,  a  registered  voter  of  said town; that I will be unable to
appear personally on the day of said special town election at the  poll-
ing  place of the election district in which I am or will be a qualified
voter because of the reason stated on my application heretofore  submit-
ted;  that  I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of  this  envelope;  that  I  have  not
received or offered, do not expect to receive, have not paid, offered or
promised  to  pay,  contributed,  offered  or  promised to contribute to
another to be paid or used, any money or  other  valuable  thing,  as  a
compensation  or  reward for the giving or withholding of a vote at this
special town election, and have not made any promise  to  influence  the
giving  or withholding of any such votes; that I have not made or become
directly or indirectly interested in any bet or wager depending upon the
result of this special town election; and that I have not been convicted
of bribery or any infamous crime, or, if so convicted, that I have  been
pardoned or restored to all the rights of a citizen, without restriction
as  to  the right of suffrage, or received a certificate of [relief from
disabilities or a certificate of good conduct] RESTORATION  pursuant  to
article  twenty-three  of  the  correction law removing my disability to
register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
  I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I  make  any  material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
    Date.............. Signature of Voter..................

A. 4122                            13

  S  27.  Paragraph b of subdivision 5 of section 175-b of the town law,
as amended by section 11 of part LL of chapter 56 of the laws  of  2010,
is amended to read as follows:
  b.   On the reverse side of such envelope shall be printed the follow-
ing statement:
                       STATEMENT OF ABSENTEE VOTER
  I do declare that I will have been a citizen of the United States  for
thirty  days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident  of  this  state
and  of  the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that  I  am  or  on
such  date  will be, a registered voter of said district; that I will be
unable to appear personally on the day of said district election at  the
polling  place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore  submit-
ted;  that  I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of  this  envelope;  that  I  have  not
received or offered, do not expect to receive, have not paid, offered or
promised  to  pay,  contributed,  offered  or  promised to contribute to
another to be paid or used, any money or  other  valuable  thing,  as  a
compensation  or  reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly or indirectly interested in any  bet  or  wager  depending  upon  the
result  of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted,  that  I  have  been
pardoned or restored to all the rights of a citizen, without restriction
as  to  the right of suffrage, or received a certificate of [relief from
disabilities or a certificate of good conduct] RESTORATION  pursuant  to
article  twenty-three  of  the  correction law removing my disability to
register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
  I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I  make  any  material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
  Date..............Signature of Voter..................
  S  28.  Paragraph b of subdivision 5 of section 213-b of the town law,
as amended by section 12 of part LL of chapter 56 of the laws  of  2010,
is amended to read as follows:
  b.   On the reverse side of such envelope shall be printed the follow-
ing statement:
                        STATEMENT OF ABSENTEE VOTER

  I do declare that I will have been a citizen of the United States  for
thirty  days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident  of  this  state
and  of  the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that  I  am  or  on
such  date  will be, a registered voter of said district; that I will be
unable to appear personally on the day of said district election at  the
polling  place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore  submit-
ted;  that  I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of  this  envelope;  that  I  have  not
received or offered, do not expect to receive, have not paid, offered or
promised  to  pay,  contributed,  offered  or  promised to contribute to

A. 4122                            14

another to be paid or used, any money or  other  valuable  thing,  as  a
compensation  or  reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly  or  indirectly  interested  in  any  bet or wager depending upon the
result of this district election; and that I have not been convicted  of
bribery  or  any  infamous  crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of  [relief  from
disabilities  or  a certificate of good conduct] RESTORATION pursuant to
article twenty-three of the correction law  removing  my  disability  to
register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
  I hereby declare that the foregoing is a true statement to the best of
my  knowledge  and  belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
     Date............. Signature of Voter ..............................
  S 29. Paragraph b of subdivision 5 of section 2018-a of the  education
law,  as  amended  by  section 8 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
  b. On the reverse side of such envelope shall be printed the following
statement:

                       STATEMENT OF ABSENTEE VOTER

  I do declare that I am a citizen of the United States, and will be  at
least  eighteen  years  of  age,  on  the  date  of  the school district
election; that I will have been a resident of  this  state  and  of  the
school  district  and  school  election  district,  if any, shown on the
reverse side of this envelope for thirty days next  preceding  the  said
election  and duly registered in the school district and school election
district, if any, shown on the reverse side of this envelope and that  I
am  or  on such date will be, a qualified voter of said school district;
that I will be unable to appear personally on the  day  of  said  school
district  election  at the polling place of the said district in which I
am or will be a qualified voter because  of  the  reason  stated  on  my
application  heretofore  submitted;  that  I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of  this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised  to  contribute  to  another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or  withhold-
ing  of  a  vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
have not made or become directly or indirectly interested in any bet  or
wager  depending  upon  the result of this school district election; and
that I have not been convicted of bribery or any infamous crime, or,  if
so convicted, that I have been pardoned or restored to all the rights of
a  citizen, without restriction as to the right of suffrage, or received
a certificate of [relief from disabilities  or  a  certificate  of  good
conduct]  RESTORATION pursuant to article twenty-three of the correction
law removing my disability to register and vote OR MY  MAXIMUM  SENTENCE
OF IMPRISONMENT HAS EXPIRED.
  I hereby declare that the foregoing is a true statement to the best of
my  knowledge  and  belief, and I understand that if I make any material

A. 4122                            15

false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.

  Date.....................Signature of Voter ..........................

  S  30. Paragraph b of subdivision 6 of section 2018-b of the education
law, as amended by section 9 of part LL of chapter 56  of  the  laws  of
2010, is amended to read as follows:
  b. On the reverse side of such envelope shall be printed the following
statement:

                       STATEMENT OF ABSENTEE VOTER

  I  do declare that I am a citizen of the United States, and will be at
least eighteen years of age on the date of the school district election;
that I will have been a  resident  of  this  state  and  of  the  school
district and school election district, if any, shown on the reverse side
of  this  envelope  for thirty days next preceding the said election and
that I am or on such date will be, a  qualified  voter  of  said  school
district;  that I will be unable to appear personally on the day of said
school district election at the polling place of the  said  district  in
which  I am or will be a qualified voter because of the reason stated on
my application heretofore submitted; that I have not qualified, or do  I
intend  to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used,  any  money  or  other
valuable  thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have  not  made  any
promise to influence the giving or withholding of any such votes; that I
have  not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school  district  election;  and
that  I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the  right  of  suffrage,  or  have
received  a certificate of [relief from disabilities or a certificate of
good conduct]  RESTORATION  pursuant  to  article  twenty-three  of  the
correction  law removing my disability to vote OR MY MAXIMUM SENTENCE OF
IMPRISONMENT HAS EXPIRED.

  I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I  make  any  material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.

  Date....................Signature of Voter ...........................

  S  31.  Subdivision  2 of section 69-o of the general business law, as
amended by chapter 575 of the laws  of  1993,  is  amended  to  read  as
follows:
  2. After the filing of an applicant's fingerprint cards, the secretary
of  state  shall  forward  such fingerprints to the division of criminal
justice services to be compared with the fingerprints on file  with  the
division  of criminal justice services in order to ascertain whether the
applicant has been convicted  of  a  felony  involving  fraud,  bribery,
perjury  or  theft  pursuant  to  article one hundred forty, one hundred

A. 4122                            16

fifty-five, one hundred  sixty,  one  hundred  sixty-five,  one  hundred
seventy,  one hundred seventy-five, one hundred seventy-six, one hundred
eighty, one hundred eighty-five, one hundred ninety, one  hundred  nine-
ty-five, two hundred or two hundred ten of the penal law; or has a crim-
inal  action which has been pending for such a felony for under one year
without  a  final  disposition  unless  adjourned  in  contemplation  of
dismissal;  provided,  however,  that  for the purposes of this article,
none of the  following  shall  be  considered  criminal  convictions  or
reported as such:
  (a)  A  conviction  which  has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the  crimi-
nal  procedure  law,  or  the  applicable provisions of law of any other
jurisdiction; or
  (b) A conviction the records of which have  been  expunged  or  sealed
pursuant  to  the  applicable provisions of the laws of this state or of
any other jurisdiction; or
  (c) A conviction for which [a certificate of relief from  disabilities
or] a certificate of [good conduct] RESTORATION has been issued pursuant
to ARTICLE TWENTY-THREE OF the correction law.
  The division of criminal justice services shall retain the fingerprint
cards  and  return  the  report of such convictions or pending cases, if
any, to the secretary of state who shall retain them in  a  confidential
file  for  no  more than one year, after which time such report shall be
destroyed.
  The secretary of state shall deny the application  of  any  individual
convicted  of a felony involving fraud, bribery, perjury or theft pursu-
ant to article one hundred forty, one hundred  fifty-five,  one  hundred
sixty,  one  hundred sixty-five, one hundred seventy, one hundred seven-
ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
y-five, one hundred ninety, one hundred ninety-five, two hundred or  two
hundred  ten  of  the penal law; or has a criminal action which has been
pending for such a felony for under one year without a final disposition
unless adjourned in contemplation of dismissal; provided, however,  that
for the purposes of this article, none of the following shall be consid-
ered criminal convictions or reported as such:
  (i)  A  conviction  which  has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the  crimi-
nal  procedure  law,  or  the  applicable provisions of law of any other
jurisdiction; or
  (ii) A conviction the records of which have been  expunged  or  sealed
pursuant  to  the  applicable provisions of the laws of this state or of
any other jurisdiction; or
  (iii) A conviction for which [a certificate of relief  from  disabili-
ties  or]  a  certificate  of [good conduct] RESTORATION has been issued
pursuant to ARTICLE TWENTY-THREE OF the correction law.
  S 32. Subdivision 1 of section 81 of  the  general  business  law,  as
amended  by  section 14 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
  1. The holder of any license certificate issued pursuant to this arti-
cle may employ to assist him in his work of private detective or  inves-
tigator or bail enforcement agent as described in section seventy-one of
this  article  and in the conduct of such business as many persons as he
may deem necessary, and shall at all times  during  such  employment  be
legally  responsible  for  the  good conduct in the business of each and
every person so employed.

A. 4122                            17

  No holder of any unexpired license certificate issued pursuant to this
article shall knowingly employ in connection with his or its business in
any capacity whatsoever, any person who has been convicted of  a  felony
or  any of the offenses specified in subdivision two of section seventy-
four  of  this  article,  and  who has not subsequent to such conviction
received executive pardon therefor removing this disability, or received
a certificate of [relief from disabilities  or  a  certificate  of  good
conduct]  RESTORATION pursuant to article twenty-three of the correction
law to remove the disability  under  this  section  because  of  such  a
conviction,  or  any  person  whose  private detective or investigator's
license or bail enforcement agent's license was revoked  or  application
for such license was denied by the department of state or by the author-
ities  of  any  other state or territory because of conviction of any of
such offenses. Should the holder of  an  unexpired  license  certificate
falsely  state  or represent that a person is or has been in his employ,
such false statement or misrepresentation shall be sufficient cause  for
the revocation of such license. Any person falsely stating or represent-
ing that he is or has been a detective or employed by a detective agency
or that he is or has been a bail enforcement agent or employed by a bail
enforcement agency shall be guilty of a misdemeanor.
  S  33.  Paragraph 4 of subsection (d) of section 2108 of the insurance
law, as amended by section 18 of part LL of chapter 56 of  the  laws  of
2010, is amended to read as follows:
  (4)  This  subsection shall not prevent the employment of or the issu-
ance of a license to any person who, subsequent to his conviction, shall
have received executive pardon therefor removing this disability, or who
has received a certificate of [relief from disabilities or a certificate
of good conduct] RESTORATION pursuant to  article  twenty-three  of  the
correction  law  to  remove the disability under this section because of
such conviction or previous license revocation occasioned thereby.
  S 34. Subdivision 6 of section 369 of the banking law, as  amended  by
chapter  164 of the laws of 2003 and paragraph (b) as amended by section
6 of part LL of chapter 56 of the laws of 2010, is amended  to  read  as
follows:
  6.  The  superintendent may refuse to issue a license pursuant to this
article if he shall find that the applicant, or  any  person  who  is  a
director,  officer,  partner, agent, employee or substantial stockholder
of the applicant, (a) has been convicted of a crime in any  jurisdiction
or  (b) is associating or consorting with any person who has, or persons
who have, been convicted of a crime or crimes  in  any  jurisdiction  or
jurisdictions;  provided,  however,  that  the  superintendent shall not
issue such a license if he shall find that the applicant, or any  person
who  is  a  director,  officer,  partner, agent, employee or substantial
stockholder of the applicant, has been convicted  of  a  felony  in  any
jurisdiction  or of a crime which, if committed within this state, would
constitute a felony under the laws thereof. For  the  purposes  of  this
article,  a  person shall be deemed to have been convicted of a crime if
such person shall have pleaded guilty to a charge thereof before a court
or magistrate, or shall have been found guilty thereof by  the  decision
or  judgment of a court or magistrate or by the verdict of a jury, irre-
spective of the pronouncement of sentence  or  the  suspension  thereof,
unless such plea of guilty, or such decision, judgment or verdict, shall
have  been set aside, reversed or otherwise abrogated by lawful judicial
process or unless the person convicted of the crime shall have  received
a  pardon therefor from the president of the United States or the gover-
nor  or  other  pardoning  authority  in  the  jurisdiction  where   the

A. 4122                            18

conviction was had, or shall have received a certificate of [relief from
disabilities  or  a certificate of good conduct] RESTORATION pursuant to
article twenty-three of the correction  law  to  remove  the  disability
under  this  article  because  of such conviction. The term "substantial
stockholder," as used in this subdivision, shall be deemed to refer to a
person owning or controlling  ten  per  centum  or  more  of  the  total
outstanding  stock  of  the corporation in which such person is a stock-
holder. In making a determination  pursuant  to  this  subdivision,  the
superintendent shall require fingerprinting of the applicant. Such fing-
erprints shall be submitted to the division of criminal justice services
for a state criminal history record check, as defined in subdivision one
of  section  three thousand thirty-five of the education law, and may be
submitted to the federal bureau of investigation for a national criminal
history record check.
  S 35. Paragraph 5 of subdivision a of section 265.20 of the penal law,
as amended by chapter 235 of the laws of 2007, is  amended  to  read  as
follows:
  5.  Possession  of  a rifle or shotgun by a person other than a person
who has been convicted of  a  class  A-I  felony  or  a  violent  felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who  has  been  convicted  as  specified  in subdivision four of section
265.01 OF THIS ARTICLE to whom a certificate of [good conduct]  RESTORA-
TION  has  been issued [pursuant to section seven hundred three-b of the
correction law].
  S 36. Section 751 of the correction law, as amended by chapter 284  of
the laws of 2007, is amended to read as follows:
  S  751.  Applicability.  The provisions of this article shall apply to
any application by any person for a license or employment at any  public
or  private  employer,  who has previously been convicted of one or more
criminal offenses in this state or in any other jurisdiction, and to any
license or employment held by any person whose conviction of one or more
criminal offenses in this state or in any  other  jurisdiction  preceded
such  employment  or  granting  of  a  license, except where a mandatory
forfeiture, disability or bar to employment is imposed by law,  and  has
not  been  removed  by  an executive pardon, certificate of [relief from
disabilities or certificate of good  conduct]  RESTORATION.  Nothing  in
this article shall be construed to affect any right an employer may have
with  respect  to an intentional misrepresentation in connection with an
application for employment made by a prospective employee or  previously
made by a current employee.
  S  37. Subdivision 2 of section 753 of the correction law, as added by
chapter 931 of the laws of 1976, is amended to read as follows:
  2. In making a determination pursuant to section seven hundred  fifty-
two  of  this  [chapter]  ARTICLE, the public agency or private employer
shall also give consideration to a certificate of [relief from disabili-
ties or a certificate of good conduct] RESTORATION issued to the  appli-
cant,  which certificate shall create a presumption of rehabilitation in
regard to the offense or offenses specified therein.
  S 38. The closing paragraph of section 79-a of the civil  rights  law,
as  amended  by  chapter  687 of the laws of 1973, is amended to read as
follows:
  Nothing in this section shall be deemed to preclude the issuance of  a
certificate  of  [good  conduct]  RESTORATION  by the board of parole OR
SENTENCING COURT pursuant to law to a person  who  previously  has  been
sentenced to imprisonment for life.

A. 4122                            19

  S  39.  The  first undesignated paragraph of section 440-a of the real
property law, as amended by section 23 of part LL of chapter 56  of  the
laws of 2010, is amended to read as follows:
  No  person,  co-partnership,  limited liability company or corporation
shall engage in or follow the business or occupation of, or hold himself
or itself out or act temporarily or otherwise as a real estate broker or
real estate salesman in this state without  first  procuring  a  license
therefor  as  provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as  an  indi-
vidual  or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over, a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States.
No person shall be entitled to a license as a real estate salesman under
this article unless he or she is over the  age  of  eighteen  years.  No
person  shall  be  entitled to a license as a real estate broker or real
estate salesman under this article who has been convicted in this  state
or  elsewhere  of  a felony, of a sex offense, as defined in subdivision
two of section one hundred sixty-eight-a of the correction  law  or  any
offense  committed  outside  of  this state which would constitute a sex
offense, or a sexually violent offense, as defined in subdivision  three
of  section  one  hundred  sixty-eight-a  of  the  correction law or any
offense committed outside this state which would constitute  a  sexually
violent  offense, and who has not subsequent to such conviction received
executive pardon therefor or a certificate of [relief from  disabilities
or  a certificate of good conduct] RESTORATION pursuant to article twen-
ty-three of the correction law, to  remove  the  disability  under  this
section  because  of  such  conviction. No person shall be entitled to a
license as a real estate broker or real estate salesman under this arti-
cle who does not meet the requirements of section 3-503 of  the  general
obligations law.
  S 40. Paragraph (a) of subdivision 1 of section 20-438 of the adminis-
trative code of the city of New York is amended to read as follows:
  (a)  Issuance of licenses to conduct games of chance.  If such depart-
ment shall determine that the applicant is duly qualified to be licensed
to conduct games of chance under this subchapter; that  the  members  of
the  applicant  designated in the application to conduct games of chance
are bona fide active members of the applicant and are  persons  of  good
moral  character  and  have  never  been  convicted  of  a crime, or, if
convicted, have received a pardon or a  certificate  of  [good  conduct]
RESTORATION;  that such games are to be conducted in accordance with the
provisions of this subchapter and in accordance with the rules and regu-
lations of the board and that the proceeds thereof are to be disposed of
as provided by this subchapter; and if such department is satisfied that
no commission, salary, compensation, reward or recompense whatever  will
be  paid  or  given  to  any  person holding, operating or conducting or
assisting in the holding, operation and conduct of any such games except
as in this subchapter otherwise provided; and  that  no  prize  will  be
given in excess of the sum or value of one hundred dollars in any single
game  and  that the aggregate of all prizes given on one occasion, under
said license shall not exceed the sum or value of one thousand  dollars,
the department shall issue a license to the applicant for the conduct of
games of chance upon payment of a license fee of twenty-five dollars for
each license period.

A. 4122                            20

  S  41.  Paragraph  (a)  of subdivision 5 of section 2806 of the public
health law, as amended by section 20 of part LL of  chapter  56  of  the
laws of 2010, is amended to read as follows:
  (a)  Except as provided in paragraphs (b) and (d) of this subdivision,
anything contained in this section or in a certificate of  [relief  from
disabilities or a certificate of good conduct] RESTORATION issued pursu-
ant  to  article  twenty-three  of  the  correction  law to the contrary
notwithstanding, a hospital operating certificate of  a  hospital  under
control  of a controlling person as defined in paragraph (a) of subdivi-
sion twelve of section twenty-eight hundred one-a of  this  article,  or
under  control  of  any other entity, shall be revoked upon a finding by
the department that such controlling person or any individual, member of
a partnership or shareholder of a corporation to whom  or  to  which  an
operating  certificate has been issued, has been convicted of a class A,
B or C felony, or a felony related in any way to any activity or program
subject to  the  regulations,  supervision,  or  administration  of  the
department or of the office of temporary and disability assistance or in
violation  of  the public officers law in a court of competent jurisdic-
tion in the state, or of a crime outside the state which,  if  committed
within  the  state, would have been a class A, B or C felony or a felony
related in any way to any activity  or  program  subject  to  the  regu-
lations,  supervision,  or  administration  of  the department or of the
office of temporary and disability assistance or  in  violation  of  the
public officers law.
  S  42. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision
2 of section 509-c of the vehicle and  traffic  law,  paragraph  (a)  of
subdivision  1 as amended by section 25 and paragraph (a) of subdivision
2 as amended by section 26 of part LL of chapter 56 of the laws of 2010,
are amended to read as follows:
  (a) permanently, if that person has been  convicted  of  or  forfeited
bond  or  collateral  which forfeiture order has not been vacated or the
subject of an order of remission upon a  violation  of  section  130.30,
130.35,  130.45,  130.50,  130.60,  or  130.65  of  the penal law, or an
offense committed under a former section of the penal  law  which  would
constitute a violation of the aforesaid sections of the penal law or any
offense  committed  outside  of  this  state  which  would  constitute a
violation of the aforesaid sections of the penal law, provided, however,
the provisions of this paragraph shall not apply to convictions, suspen-
sions or revocations or forfeitures of bonds for collateral upon any  of
the charges listed in this paragraph for violations which occurred prior
to  September first, nineteen hundred seventy-four committed by a person
employed as a bus driver on September first, nineteen  hundred  seventy-
four.  However,  such  disqualification may be waived provided that five
years have expired since the applicant was discharged or released from a
sentence of imprisonment imposed pursuant to conviction  of  an  offense
that  requires disqualification under this paragraph and that the appli-
cant shall have been granted a certificate of [relief from  disabilities
or  a certificate of good conduct] RESTORATION pursuant to article twen-
ty-three of the correction law.
  (a) permanently, if that person has been  convicted  of  or  forfeited
bond  or  collateral  which forfeiture order has not been vacated or the
subject of an order of remission upon a  violation  committed  prior  to
September  fifteenth,  nineteen  hundred eighty-five, of section 130.30,
130.35, 130.45, 130.50, 130.60, or  130.65  of  the  penal  law,  or  an
offense  committed  under  a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any

A. 4122                            21

offense committed  outside  of  this  state  which  would  constitute  a
violation  of  the  aforesaid  sections  of the penal law. However, such
disqualification may be waived provided that  five  years  have  expired
since the applicant was discharged or released from a sentence of impri-
sonment  imposed  pursuant  to  conviction  of  an offense that requires
disqualification under this paragraph and that the applicant shall  have
been granted a certificate of [relief from disabilities or a certificate
of  good  conduct]  RESTORATION  pursuant to article twenty-three of the
correction law.
  S 43. Paragraph (a) and subparagraph (i) of paragraph (b) of  subdivi-
sion  1 and paragraphs (a) and (b) and subparagraph (i) of paragraph (c)
of subdivision 2 of section 509-cc of the vehicle and  traffic  law,  as
added  by  chapter  675 of the laws of 1985, subparagraphs (i), (ii) and
(iii) of paragraph (a) and subparagraph (i) of paragraph (b) of subdivi-
sion 1 as amended by section 27 and paragraphs (a) and (b) and  subpara-
graph  (i) of paragraph (c) of subdivision 2 as amended by section 28 of
part LL of chapter 56 of the laws  of  2010,  are  amended  to  read  as
follows:
  (a) permanently, if that person
  (i)  has  been  convicted  of  or  forfeited  bond or collateral which
forfeiture order has not been vacated or the  subject  of  an  order  of
remission upon a violation committed prior to September fifteenth, nine-
teen  hundred  eighty-five,  of  section 130.30, 130.35, 130.45, 130.50,
130.60, or 130.65 of the penal law, or  an  offense  committed  under  a
former  section  of  the penal law which would constitute a violation of
the aforesaid sections of the penal law or any offense committed outside
of this state which  would  constitute  a  violation  of  the  aforesaid
sections  of  the  penal  law, provided, however, the provisions of this
subparagraph shall not apply to convictions, suspensions or  revocations
or forfeitures of bonds for collateral upon any of the charges listed in
this  subparagraph  for  violations  which  occurred  prior to September
first, nineteen hundred seventy-four committed by a person employed as a
bus driver on September first, nineteen hundred  seventy-four.  However,
such  disqualification  may  be  waived  provided  that  five years have
expired since the applicant was discharged or released from  a  sentence
of  imprisonment  imposed  pursuant  to  conviction  of  an offense that
requires disqualification under this paragraph and  that  the  applicant
shall  have been granted a certificate of [relief from disabilities or a
certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
three  of  the correction law. When the certificate is issued by a court
for a conviction which occurred in this state, it shall only  be  issued
by  the court having jurisdiction over such conviction. Such certificate
shall specifically indicate that the authority granting such certificate
has considered the bearing, if any, the criminal offense or offenses for
which the person was convicted will have on the applicant's  fitness  or
ability to operate a bus transporting school children to the applicant's
prospective employment, prior to granting such a certificate; or
  (ii)  has  been  convicted  of  an  offense listed in paragraph (a) of
subdivision four of this section that was committed on or after  Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion  may  be  waived  by the commissioner provided that five years have
expired since the applicant was discharged or released from  a  sentence
of  imprisonment  imposed  pursuant  to  conviction  of  an offense that
requires disqualification under this paragraph and  that  the  applicant
shall  have been granted a certificate of [relief from disabilities or a
certificate of good conduct] RESTORATION  pursuant  to  article  twenty-

A. 4122                            22

three  of  the correction law. When the certificate is issued by a court
for a conviction which occurred in this state, it shall only  be  issued
by  the court having jurisdiction over such conviction. Such certificate
shall specifically indicate that the authority granting such certificate
has considered the bearing, if any, the criminal offense or offenses for
which  the  person was convicted will have on the applicant's fitness or
ability to operate a bus transporting school children, prior to granting
such a certificate; or
  (iii) has been convicted of an offense  listed  in  paragraph  (b)  of
subdivision  four of this section that was committed on or after Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion shall be waived provided that five years  have  expired  since  the
applicant discharged or released from a sentence of imprisonment imposed
pursuant  to  conviction  of  an  offense that requires disqualification
under this paragraph and that the applicant shall have  been  granted  a
certificate  of  [relief  from  disabilities  or  a  certificate of good
conduct] RESTORATION pursuant to article twenty-three of the  correction
law.    When the certificate is issued by a court for a conviction which
occurred in this state, it shall only be  issued  by  the  court  having
jurisdiction  over  such conviction. Such certificate shall specifically
indicate that the authority granting such certificate has considered the
bearing, if any, the criminal offense or offenses for which  the  person
was convicted will have on the applicant's fitness or ability to operate
a  bus  transporting  school  children, prior to granting such a certif-
icate. Provided, however, that at the discretion  of  the  commissioner,
the  certificate of relief from disabilities may remove disqualification
at any time; or
  (i) has been convicted within the preceding five years of  an  offense
listed  in  paragraph  (c)  of subdivision four of this section that was
committed on or after September fifteenth, nineteen hundred eighty-five.
However, such disqualification shall be waived provided that the  appli-
cant  has  been  granted a certificate of [relief from disabilities or a
certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
three  of  the correction law. When the certificate is issued by a court
for a conviction which occurred in this state, it shall only  be  issued
by  the court having jurisdiction over such conviction. Such certificate
shall specifically indicate that the authority granting such certificate
has considered the bearing, if any, the criminal offense or offenses for
which the person was convicted will have on the applicant's  fitness  or
ability to operate a bus transporting school children, prior to granting
such a certificate;
  (a) permanently, if that person has been convicted of an offense list-
ed  in  paragraph (a) of subdivision four of this section. However, such
disqualification may be waived by the commissioner  provided  that  five
years have expired since the applicant was discharged or released from a
sentence  of  imprisonment  imposed pursuant to conviction of an offense
that requires disqualification under this paragraph and that the  appli-
cant  shall have been granted a certificate of [relief from disabilities
or a certificate of good conduct] RESTORATION pursuant to article  twen-
ty-three  of  the  correction  law.  When the certificate is issued by a
court for a conviction which occurred in this state, it  shall  only  be
issued  by  the  court  having  jurisdiction  over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense  or
offenses for which the person was convicted will have on the applicant's
fitness  or ability to operate a bus transporting school children to the

A. 4122                            23

applicant's prospective employment, prior to  granting  such  a  certif-
icate.
  (b) permanently, if that person has been convicted of an offense list-
ed  in  paragraph (b) of subdivision four of this section. However, such
disqualification shall be waived provided that five years  have  expired
since the applicant was incarcerated pursuant to a sentence of imprison-
ment  imposed on conviction of an offense that requires disqualification
under this paragraph and that the applicant shall have  been  granted  a
certificate  of  [relief  from  disabilities  or  a  certificate of good
conduct] RESTORATION pursuant to article twenty-three of the  correction
law.    When the certificate is issued by a court for a conviction which
occurred in this state, it shall only be  issued  by  the  court  having
jurisdiction  over  such conviction. Such certificate shall specifically
indicate that the authority granting such certificate has considered the
bearing, if any, the criminal offense or offenses for which  the  person
was convicted will have on the applicant's fitness or ability to operate
a  bus  transporting  school  children, prior to granting such a certif-
icate. Provided, however, that at the discretion of the commissioner the
certificate of [relief  from  disabilities  or  a  certificate  of  good
conduct]  RESTORATION pursuant to article twenty-three of the correction
law may remove disqualification at any time.
  (i) has been convicted within the preceding five years of  an  offense
listed  in  paragraph  (c) of subdivision four of this section. However,
notwithstanding the provisions of subdivision  three  of  section  seven
hundred  one  of the correction law[. Such], SUCH disqualification shall
be waived provided that the applicant has been granted a certificate  of
[relief  from disabilities or a certificate of good conduct] RESTORATION
pursuant to article twenty-three of the correction law. When the certif-
icate is issued by a court for  a  conviction  which  occurred  in  this
state,  it  shall  only  be issued by the court having jurisdiction over
such conviction. Such certificate shall specifically indicate  that  the
authority  granting such certificate has considered the bearing, if any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school children, prior to granting such a certificate.
  S 44. Subparagraph (iii) of paragraph d of subdivision  6  of  section
510  of the vehicle and traffic law, as amended by section 29 of part LL
of chapter 56 of the laws of 2010, is amended to read as follows:
  (iii) after such documentation, if required, is  accepted,  that  such
person  is  granted  a  certificate  of  [relief  from disabilities or a
certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
three  of  the correction law by the court in which such person was last
penalized.
  S 45. Subparagraph (iii) of paragraph (c) of subdivision 2 of  section
510-a  of  the vehicle and traffic law, as amended by section 30 of part
LL of chapter 56 of the laws of 2010, is amended to read as follows:
  (iii) after such documentation, if required, is  accepted,  that  such
person  is  granted  a  certificate  of  [relief  from disabilities or a
certificate of good conduct] RESTORATION  pursuant  to  article  twenty-
three  of  the correction law by the court in which such person was last
penalized.
  S 46. Subdivision 5 of section 530 of the vehicle and traffic law,  as
amended  by  section 31 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
  (5) A restricted use license or privilege shall be valid for the oper-
ation of any motor vehicle, except a vehicle  for  hire  as  a  taxicab,

A. 4122                            24

livery,  coach, limousine, van or wheelchair accessible van or tow truck
as defined in this chapter subject to the conditions set  forth  herein,
which  the holder would otherwise be entitled to operate had his drivers
license  or  privilege  not  been  suspended or revoked. Notwithstanding
anything to the contrary in a certificate of [relief  from  disabilities
or a certificate of good conduct] RESTORATION issued pursuant to article
twenty-three  of  the correction law, a restricted use license shall not
be valid for the operation of a commercial motor vehicle.  A  restricted
use  license  shall not be valid for the operation of a vehicle for hire
as a taxicab, livery, coach, limousine, van or wheelchair accessible van
or tow truck where the holder thereof had his  or  her  drivers  license
suspended  or revoked and (i) such suspension or revocation is mandatory
pursuant to the provisions of subdivision two or two-a of  section  five
hundred ten of this title; or (ii) any such suspension is permissive for
habitual  or  persistent  violations  of  this  chapter or any local law
relating to traffic as set forth in paragraph  d  or  i  of  subdivision
three  of  section  five  hundred  ten  of this title; or (iii) any such
suspension is permissive and has been imposed by a  magistrate,  justice
or  judge  of  any city, town or village, any supreme court justice, any
county judge, or judge of a district  court.  Except  for  a  commercial
motor  vehicle  as  defined  in subdivision four of section five hundred
one-a of this title, the restrictions on types of vehicles which may  be
operated  with  a restricted license contained in this subdivision shall
not be applicable to a restricted  license  issued  to  a  person  whose
license  has  been  suspended pursuant to paragraph three of subdivision
four-e of section five hundred ten of this title.
  S 47. Item (ii) of clause (b) of subparagraph 12 of paragraph  (b)  of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by  section  32 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
  (ii) that such person is granted a certificate of [relief  from  disa-
bilities or a certificate of good conduct] RESTORATION pursuant to arti-
cle twenty-three of the correction law.
  Provided, however, that the commissioner may, on a case by case basis,
refuse  to  restore a license which otherwise would be restored pursuant
to this item, in the interest of the public safety and welfare.
  S 48. Item (iii) of clause (e) of subparagraph 12 of paragraph (b)  of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by  section  33 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
  (iii) after such documentation is accepted, that such person is grant-
ed a certificate of [relief from disabilities or a certificate  of  good
conduct]  RESTORATION pursuant to article twenty-three of the correction
law.
  S 49. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by section 34 of part  LL  of
chapter 56 of the laws of 2010, is amended to read as follows:
  (1)  Notwithstanding  anything  to the contrary contained in a certif-
icate of [relief from disabilities or a  certificate  of  good  conduct]
RESTORATION  issued  pursuant  to article twenty-three of the correction
law, where a suspension or revocation, other than a revocation  required
to be issued by the commissioner, is mandatory pursuant to paragraph (a)
or (b) of this subdivision, the magistrate, justice or judge shall issue
an  order  suspending  or revoking such license upon sentencing, and the
license holder shall surrender such license  to  the  court.  Except  as

A. 4122                            25

hereinafter  provided,  such  suspension or revocation shall take effect
immediately.
  S  50.  Item  (iii)  of clause a of subparagraph 3 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by section 35 of part LL of chapter 56 of the laws of 2010,  is  amended
to read as follows:
  (iii) after such documentation is accepted, that such person is grant-
ed  a  certificate of [relief from disabilities or a certificate of good
conduct] RESTORATION pursuant to article twenty-three of the  correction
law.
  S  51.  Item  (iii)  of clause c of subparagraph 1 of paragraph (d) of
subdivision 2 of section 1194 of the vehicle and traffic law, as amended
by section 37 of part LL of chapter 56 of the laws of 2010,  is  amended
to read as follows:
  (iii) after such documentation is accepted, that such person is grant-
ed  a  certificate of [relief from disabilities or a certificate of good
conduct] RESTORATION pursuant to article twenty-three of the  correction
law by the court in which such person was last penalized.
  S  52.  Paragraph  (g) of subdivision 7 of section 1196 of the vehicle
and traffic law, as amended by section 38 of part LL of  chapter  56  of
the laws of 2010, is amended to read as follows:
  (g)  Notwithstanding  anything  to the contrary contained in a certif-
icate of [relief from disabilities or a  certificate  of  good  conduct]
RESTORATION  issued  pursuant  to article twenty-three of the correction
law, any conditional license or privilege issued to a  person  convicted
of  a  violation of any subdivision of section eleven hundred ninety-two
of this article shall not be valid for the operation of  any  commercial
motor  vehicle.  In  addition,  no such conditional license or privilege
shall be valid for the operation of a taxicab as defined in  this  chap-
ter.
  S  53. Whenever the term "certificate of good conduct" or "certificate
of relief from disabilities" or any  equivalent  expression  thereof  is
used  in  any provision of law, either such term shall be deemed to mean
and refer to a certificate of restoration as established in this act.
  S 54. Any certificate of relief from disabilities  or  certificate  of
good  conduct  issued  prior  to the effective date of this act shall be
deemed the equivalent of a certificate of restoration and  shall  remain
in  full  force  and effect on and after the effective date of this act.
Nothing in this act shall be read to invalidate a certificate of  relief
from  disabilities  or a certificate of good conduct issued prior to the
effective date of this act.
  S 55. This act shall take effect on the ninetieth day after  it  shall
have  become  a  law,  provided  that the amendments to subdivision 5 of
section 530 of the vehicle and traffic law made by section forty-six  of
this  act  shall not affect the expiration of such subdivision and shall
be deemed to expire therewith.