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

                                  74--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the correction law, the executive law, the tax law,  the
  vehicle and traffic law, the alcoholic beverage control law, the agri-
  culture  and markets law, the public health law, the general municipal
  law, the town law, the education law, the general  business  law,  the
  insurance  law,  the banking law, the penal law, the civil rights law,
  the real property law and the administrative code of the city  of  New
  York,  in relation to the issuance of certificates of restoration; and
  to repeal certain provisions of the correction law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  700 of the correction law, as amended by chapter
342 of the laws of 1972, is amended to read as follows:
  S 700. Definitions [and rules of construction].  [1.] As used in  this
article the following terms have the following meanings:
  [(a)]  1.  "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].
  [(b)]  2. "Felony" means a conviction of a felony in this state, or of
an offense in any other jurisdiction for which a sentence to a  term  of
imprisonment  in excess of one year, or a sentence of death, was author-
ized.
  [(c)] 3. "Revocable sentence" means a suspended sentence or a sentence
upon which execution was suspended pursuant to the penal law  in  effect
prior to September first, nineteen hundred sixty-seven; or a sentence of

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

                                                           LBD01299-03-6

S. 74--A                            2

probation  or of conditional discharge imposed pursuant to the penal law
in effect after September first, nineteen hundred sixty-seven.
  [2.   For  the  purposes  of  this  article  the  following  rules  of
construction shall apply:
  (a) Two or more convictions of felonies charged in separate counts  of
one indictment or information shall be deemed to be one conviction;
  (b) Two or more convictions of felonies charged in two or more indict-
ments or information, filed in the same court prior to entry of judgment
under any of them, shall be deemed to be one conviction; and
  (c) A plea or a verdict of guilty upon which sentence or the execution
of  sentence  has  been suspended or upon which a sentence of probation,
conditional discharge, or unconditional discharge has been imposed shall
be deemed to be a conviction.]
  S 2. Section 701 of the correction law, as amended by chapter  342  of
the laws of 1972, subdivision 2 as amended by 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 OR HER employment, auto-
matically imposed by law by reason of his OR HER conviction of the crime
or of the 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

S. 74--A                            3

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] CONSIDERING the
conviction specified 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 IN  ACCORDANCE
WITH THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THIS CHAPTER.
  4.  NOTWITHSTANDING  ANY  OTHER  SECTION OF LAW, A CERTIFICATE OF GOOD
CONDUCT OR A CERTIFICATE OF RELIEF FROM DISABILITIES SHALL BE  CONSTRUED
TO  MEAN  A  CERTIFICATE  OF  RESTORATION, BUT SHALL NOT BE CONSTRUED TO
EXPAND OR LIMIT ANY RELIEF PREVIOUSLY GRANTED. ANY CERTIFICATE OF RELIEF
FROM DISABILITIES OR CERTIFICATE OF GOOD CONDUCT  ISSUED  PRIOR  TO  THE
EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT
ADDED THIS SUBDIVISION SHALL BE DEEMED THE EQUIVALENT OF  A  CERTIFICATE
OF  RESTORATION  AND  SHALL REMAIN IN FULL FORCE AND EFFECT ON AND AFTER
SUCH EFFECTIVE DATE. NOTHING IN THE CHAPTER OF THE LAWS OF TWO  THOUSAND
SIXTEEN  THAT  ADDED  THIS  SUBDIVISION  SHALL  BE  READ TO INVALIDATE A
CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT
ISSUED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
THOUSAND  SIXTEEN THAT ADDED THIS SUBDIVISION ON OR AFTER SUCH EFFECTIVE
DATE.
  S 3. 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, issue a
certificate of [relief from disabilities]  RESTORATION  to  an  eligible
offender  for  a  conviction  that  occurred in such court, if the court
either (a) imposed 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 disa-
bilities[,] or (ii) at any time thereafter, in which case it shall apply
only to disabilities.   Where such  court  either  imposes  a  revocable
sentence  or imposes a sentence other than one executed by commitment to
an institution  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.
  2.  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 OF THIS ARTICLE;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the eligible offender; and
  (c) The relief to be granted by the certificate is consistent with the
public interest.

S. 74--A                            4

  3. Where a certificate of [relief from  disabilities]  RESTORATION  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 appli-
cant, 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
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.  Any  court that has issued a certificate of [relief from disabili-
ties] 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 of this section shall apply to the issu-
ance of any such new certificate.
  6. Any written report submitted to the court pursuant to this  section
is confidential and may not be made available to any person or public or
private  agency except where specifically required or permitted by stat-
ute 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 attor-
ney, 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 confi-
dentiality, or any other portion thereof, disclosure of which would  not
be  in the interest of justice. The action of the court excepting infor-
mation 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  4.  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:

S. 74--A                            5

  (a)  any  eligible  offender  who has been committed to an institution
under the jurisdiction of the state department of corrections and commu-
nity supervision. Such certificate may 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, UPON
APPLICATION OF THE OFFENDER;
  (b) any eligible offender who resides  within  this  state  and  whose
judgment  of  conviction  was rendered by a court in any other jurisdic-
tion.
  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 department shall not issue [any] A certificate of [relief from
disabilities pursuant to subdivisions one or  two,]  RESTORATION  unless
the department is satisfied that:
  (a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred OF THIS ARTICLE;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the eligible offender; [and]
  (c) The relief to be granted by the certificate is consistent with the
public interest[.]; AND
  (D)  THREE YEARS HAVE ELAPSED SINCE UNREVOKED RELEASE FROM CUSTODY FOR
PERSONS WITH MULTIPLE FELONY CONVICTIONS WHERE THE  MOST  SERIOUS  CRIME
FOR  WHICH  THE INDIVIDUAL WAS CONVICTED IS A CLASS C, D OR E FELONY, OR
FIVE YEARS HAVE ELAPSED SINCE UNREVOKED RELEASE FROM CUSTODY FOR PERSONS
CONVICTED OF A CLASS A OR B FELONY AT ANY TIME.
  4. Any certificate of relief from disabilities issued by  the  depart-
ment  to an eligible offender who at time of the issuance of the certif-
icate 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 condi-
tions 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
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 5. Sections 703-a and 703-b of the correction law are REPEALED.
  S 6. Section 704 of the correction law, as added by chapter 654 of the
laws of 1966, is amended to read as follows:

S. 74--A                            6

  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.
  S 7. 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] CERTIF-
ICATES OF RESTORATION shall be distributed by the  office  of  probation
and  correctional  alternatives  [and  forms relating to certificates of
good conduct shall be distributed] AND  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  8.  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  9. 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-
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 10. 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, [a
certificate of of restoration, good conduct] or a certificate of [relief
from disabilities] RESTORATION;

S. 74--A                            7

  S 11. 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  12.  Paragraph (a) of subdivision 1 of section 509-c of the vehicle
and traffic law, as amended by section 25 of part LL of  chapter  56  of
the laws of 2010, is 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.
  S  13.  Subparagraph  (i) of paragraph (a) of subdivision 1 of section
509-cc of the vehicle and traffic law, as amended by section 27 of  part
LL of chapter 56 of the laws of 2010, is amended to read as follows:
  (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

S. 74--A                            8

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
  S 14. 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 15. 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 16. 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;

S. 74--A                            9

  (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
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 17. 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, OR A certif-
icate  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 18. 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

S. 74--A                           10

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, OR a
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, OR a  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  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

S. 74--A                           11

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
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  19.  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 20. 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  21.  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  22. 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

S. 74--A                           12

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.
  S  23.  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,  OR  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 24. 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, OR  a
certificate  of  [good conduct or a certificate of relief from disabili-
ties] RESTORATION;
  S 25. 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,  OR  a  certificate  of
[good  conduct or a certificate of relief from disabilities] RESTORATION
pursuant 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 appli-
cable 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 26. 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
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

S. 74--A                           13

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  27.  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 28. 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

S. 74--A                           14

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 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  30.  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

S. 74--A                           15

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 31. 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.

S. 74--A                           16

  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  32. 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  33.  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.  (A)  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

S. 74--A                           17

whether  the  applicant  has been convicted of a felony involving fraud,
bribery, perjury or theft pursuant to article  one  hundred  forty,  one
hundred  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
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  considered  criminal  convictions  or
reported as such:
  [(a)] (I) A conviction which has been vacated and replaced by a youth-
ful  offender  finding  pursuant  to article seven hundred twenty of the
criminal procedure law, or the applicable provisions of law of any other
jurisdiction; or
  [(b)] (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
  [(c)] (III) A conviction for which a certificate of [relief from disa-
bilities or a certificate of good conduct] RESTORATION has  been  issued
pursuant to ARTICLE TWENTY-THREE OF the correction law.
  (B) The division of criminal justice services shall retain the finger-
print  cards and return the report of such convictions or pending cases,
if any, to the secretary of state who shall retain them in  a  confiden-
tial  file for no more than one year, after which time such report shall
be destroyed.
  (C) The secretary of state shall deny the application of any  individ-
ual  convicted  of  a  felony involving fraud, bribery, perjury or theft
pursuant to article one  hundred  forty,  one  hundred  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 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 dispo-
sition unless adjourned in contemplation of dismissal; provided,  howev-
er,  that  for the purposes of this article, none of the following shall
be considered 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  34.  Subdivision  2  of  section 74 of the general business law, as
amended by chapter 680 of the laws of 1967, paragraph (g) as amended  by
chapter  232 of the laws of 2010 and paragraph (h) as amended by section
13 of part LL of chapter 56 of the laws of 2010, is amended to  read  as
follows:
  2. Except as hereinafter in this subdivision provided, no such license
shall  be  issued  to any person who has been convicted in this state or
any other state or territory of  a  felony,  or  any  of  the  following
offenses,  to  wit: (a) illegally using, carrying or possessing a pistol

S. 74--A                           18

or other dangerous weapon; (b) making or  possessing  burglar's  instru-
ments; (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 subdivision six of section seven  hundred  twenty-two  of  the
former  penal  law as in force and effect immediately prior to September
first, nineteen hundred sixty-seven,  or  violating  section  165.25  or
165.30  of the penal law; (h) violating section seven hundred forty-two,
section seven hundred forty-three, or section seven  hundred  forty-five
of  the  said  former  penal  law, or violating any section contained in
article two hundred fifty of the penal law.  Except  as  hereinafter  in
this  subdivision  provided,  no  license  shall be issued to any person
whose license has been previously revoked by the department of state  or
the authorities of any other state or territory because of conviction of
any  of  the  offenses specified in this section. The provisions of this
subdivision shall not prevent the issuance 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 35. 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.
  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 36. 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:

S. 74--A                           19

  (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  37.  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
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 38. 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-

S. 74--A                           20

TION has been issued pursuant to [section seven hundred three-b] ARTICLE
TWENTY-THREE of the correction law.
  S  39. 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, OR  A  certificate  of  [relief
from  disabilities  or certificate of good conduct] RESTORATION PURSUANT
TO ARTICLE TWENTY-THREE OF THIS CHAPTER. 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  40. 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  PURSUANT  TO
ARTICLE TWENTY-THREE OF THIS CHAPTER to the applicant, which certificate
shall create a presumption of rehabilitation in regard to the offense or
offenses specified therein.
  S  41.  The  closing paragraph of subdivision 4 of section 79-a of the
civil rights law, as amended by section 7 of part LL of  chapter  56  of
the laws of 2010, is amended to read as follows:
  5. Nothing in this section shall be deemed to preclude the issuance of
a  certificate  of  [relief  from  disabilities or a certificate of good
conduct] RESTORATION pursuant to article twenty-three of the  correction
law  to  a  person who previously has been sentenced to imprisonment for
life.
  S 42. 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, HERSELF 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  arti-
cle, either as an individual 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 resi-
dence 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

S. 74--A                           21

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 twenty-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  article  who  does  not  meet the requirements of
section 3-503 of the general obligations law.
  S 43. 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.
  S 44. 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

S. 74--A                           22

office  of  temporary  and  disability assistance or in violation of the
public officers law.
  S  45. 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,
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 46. 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 47. 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
hereinafter  provided,  such  suspension or revocation shall take effect
immediately.

S. 74--A                           23

  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.  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  50.  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  51.  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  52.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law provided, however, that the  amendments
to  subdivision  5 of section 530 of the vehicle and traffic law made by
section forty-five of this act shall not affect the expiration  of  such
subdivision and shall be deemed to expire therewith.