Assembly Bill A4893

2023-2024 Legislative Session

Requires public agencies to establish preliminary license application procedures to determine whether an applicant for a license would be ineligible for such license based on criminal history

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A4893 (ACTIVE) - Details

See Senate Version of this Bill:
S3250
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §756, amd §755, Cor L

2023-A4893 (ACTIVE) - Summary

Requires public agencies to establish preliminary license application procedures to determine whether an applicant for a license would be ineligible for such license based on criminal history; establishes time frames for public agencies to respond to such applications; requires public agencies to report information regarding granting licenses annually.

2023-A4893 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4893
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FORREST,  SIMON,  LEVENBERG -- read once and
   referred to the Committee on Correction
 
 AN ACT to amend the correction law,  in  relation  to  requiring  public
   agencies  to  establish  preliminary license application procedures to
   determine whether an applicant for a license would be  ineligible  for
   such license based on criminal history
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "prelimi-
 nary license application navigation (PLAN) act".
   § 2. The correction law is amended by adding a new section 756 to read
 as follows:
   §  756.  PRELIMINARY  LICENSE  APPLICATION NAVIGATION. 1. DEFINITIONS.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "APPLICANT"  MEANS  ANY INDIVIDUAL INTENDING TO SUBMIT OR WHO HAS
 SUBMITTED A PRELIMINARY LICENSE APPLICATION UNDER THIS SECTION.
   (B) "CRIMINAL HISTORY" MEANS A RECORD OF ALL CONVICTIONS  AND  PENDING
 CHARGES THAT A PUBLIC AGENCY IS ALLOWED TO CONSIDER PURSUANT TO SUBDIVI-
 SION  SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND
 ANY OTHER GOVERNING LAW.
   2. THIS SECTION SHALL APPLY TO ALL PUBLIC AGENCIES  THAT  CONSIDER  AN
 APPLICANT'S  CRIMINAL HISTORY AS PART OF A LICENSE APPLICATION OR CLEAR-
 ANCE PROCESS. NOTHING IN THIS SECTION SHALL  EXPAND  A  PUBLIC  AGENCY'S
 ABILITY TO COLLECT, EITHER FROM AN INDIVIDUAL OR THIRD PARTIES, INFORMA-
 TION  ABOUT  AN  APPLICANT'S CRIMINAL HISTORY THAT THE PUBLIC AGENCY WAS
 NOT AUTHORIZED TO COLLECT AS PART OF  THE  LICENSE  APPLICATION  PROCESS
 THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   3.  A  PUBLIC  AGENCY  AUTHORIZED  TO  ISSUE  A LICENSE SHALL CLEARLY,
 CONSPICUOUSLY, AND IN  PLAIN  TERMS  POST  ON  ITS  WEBSITE  INFORMATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06199-01-3
 A. 4893                             2
              

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