Bill Text: NY A04136 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes a certificate of restoration to replace the terms "certificate of good conduct" and "certificate of relief from disabilities"; repeals certain provisions relating to certificates of good conduct.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-29 - print number 4136a [A04136 Detail]
Download: New_York-2019-A04136-Introduced.html
Bill Title: Establishes a certificate of restoration to replace the terms "certificate of good conduct" and "certificate of relief from disabilities"; repeals certain provisions relating to certificates of good conduct.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-29 - print number 4136a [A04136 Detail]
Download: New_York-2019-A04136-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4136 2019-2020 Regular Sessions IN ASSEMBLY February 1, 2019 ___________ Introduced by M. of A. AUBRY -- read once and referred to the Committee on Correction AN ACT to amend the correction law, the executive law, the tax law, the alcoholic beverage control law, the agriculture and markets law, the public health law, the general municipal law, the town law, the educa- tion law, the general business law, the insurance law, the banking law, the penal law, the civil rights law, the real property law, the administrative code of the city of New York and the vehicle and traf- fic law, in relation to establishing a certificate of restoration to replace the certificate of good conduct and the certificate of relief from disabilities; and to repeal certain provisions of the correction law relating to certificates of good conduct The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 700 of the 2 correction law, as amended by chapter 342 of the laws of 1972, is 3 amended to read as follows: 4 (a) "Eligible offender" shall mean a person who has been convicted of 5 a crime or of an offense[, but who has not been convicted more than once6of a felony]. 7 § 2. Section 701 of the correction law, as amended by chapter 342 of 8 the laws of 1972, subdivision 2 as amended by chapter 235 of the laws of 9 2007, is amended to read as follows: 10 § 701. Certificate of [relief from disabilities] restoration. 1. A 11 certificate of [relief from disabilities] restoration may be granted as 12 provided in this article to relieve an eligible offender of any forfei- 13 ture or disability, or to remove any bar to his employment, automat- 14 ically imposed by law by reason of his conviction of the crime or of the 15 offense specified therein. Such certificate may be limited to one or 16 more enumerated forfeitures, disabilities or bars, or may relieve the 17 eligible offender of all forfeitures, disabilities and bars. [Provided,EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08131-01-9A. 4136 2 1however, that no such certificate shall apply, or be construed so as to2apply, to the right of such person to retain or to be eligible for3public office.] 4 2. Notwithstanding any other provision of law, except subdivision five 5 of section twenty-eight hundred six of the public health law or para- 6 graph (b) of subdivision two of section eleven hundred ninety-three of 7 the vehicle and traffic law, a conviction of a crime or of an offense 8 specified in a certificate of [relief from disabilities] restoration 9 shall not cause automatic forfeiture of any license, other than a 10 license issued pursuant to section 400.00 of the penal law to a person 11 convicted of a class A-I felony or a violent felony offense, as defined 12 in subdivision one of section 70.02 of the penal law, permit, employ- 13 ment, or franchise, including the right to register for or vote at an 14 election, or automatic forfeiture of any other right or privilege, held 15 by the eligible offender and covered by the certificate. Nor shall such 16 conviction be deemed to be a conviction within the meaning of any 17 provision of law that imposes, by reason of a conviction, a bar to any 18 employment, a disability to exercise any right, or a disability to apply 19 for or to receive any license, permit, or other authority or privilege 20 covered by the certificate; provided, however, that a conviction for a 21 second or subsequent violation of any subdivision of section eleven 22 hundred ninety-two of the vehicle and traffic law committed within the 23 preceding ten years shall impose a disability to apply for or receive an 24 operator's license during the period provided in such law; and provided 25 further, however, that a conviction for a class A-I felony or a violent 26 felony offense, as defined in subdivision one of section 70.02 of the 27 penal law, shall impose a disability to apply for or receive a license 28 or permit issued pursuant to section 400.00 of the penal law. A certif- 29 icate of [relief from a disability] restoration imposed pursuant to 30 subparagraph (v) of paragraph b of subdivision two and paragraphs i and 31 j of subdivision six of section five hundred ten of the vehicle and 32 traffic law may only be issued upon a determination that compelling 33 circumstances warrant such relief. 34 3. A certificate of [relief from disabilities] restoration shall not, 35 however, in any way prevent any judicial, administrative, licensing or 36 other body, board or authority from relying upon the conviction speci- 37 fied therein as the basis for the exercise of its discretionary power to 38 suspend, revoke, refuse to issue or refuse to renew any license, permit 39 or other authority or privilege. 40 § 3. Intentionally omitted. 41 § 4. Section 702 of the correction law, as amended by chapter 342 of 42 the laws of 1972, the section heading as amended by chapter 931 of the 43 laws of 1976, subdivision 1 as amended by chapter 488 of the laws of 44 2011, subdivision 3 as amended by section 64 of part A of chapter 56 of 45 the laws of 2010 and subdivisions 4 and 6 as amended by section 32 of 46 subpart B of part C of chapter 62 of the laws of 2011, is amended to 47 read as follows: 48 § 702. Certificates of [relief from disabilities] restoration issued 49 by courts. 1. Any court of this state [may, in its discretion,] shall, 50 absent a finding that issuance of such certificate will jeopardize 51 public safety, issue a certificate of [relief from disabilities] resto- 52 ration at the time of sentencing to an eligible offender for a 53 conviction that occurred in such court, if the court [either (a) imposed54a revocable sentence or (b)] imposed a sentence other than one executed 55 by commitment to an institution under the jurisdiction of the state 56 department of corrections and community supervision. Such certificateA. 4136 3 1 [may be] issued [(i)] at the time sentence is pronounced[, in which case2it] may grant relief from forfeitures, as well as from disabilities[, or3(ii) at any time thereafter, in which case it shall apply only to disa-4bilities]. Where such court either imposes a revocable sentence or 5 imposes a sentence other than one executed by commitment to an institu- 6 tion under the jurisdiction of the state department of corrections and 7 community supervision, the court, upon application and in accordance 8 with subdivision two of this section, shall initially determine the 9 fitness of an eligible offender for such certificate prior to or at the 10 time sentence is pronounced. Where the court finds that issuance of the 11 certificate at sentencing will jeopardize public safety, such certif- 12 icate shall be issued as follows: 13 (a) for an offender who receives a revocable sentence, such offender 14 shall be issued such certificate after serving one year of such revoca- 15 ble sentence imposed by the court provided that such offender has not 16 been convicted of a new crime during that time and is not the subject of 17 an undisposed arrest. Such certificate shall apply only to disabilities. 18 In order to receive such a certificate, the eligible offender must apply 19 to the court in which they were sentenced. 20 (b) for an offender who receives a definite sentence of imprisonment, 21 such offender shall be issued such certificate one year after release 22 from incarceration provided that such offender has not been convicted of 23 a new crime during that time and is not the subject of an undisposed 24 arrest. Such certificate shall apply only to disabilities. In order to 25 receive such a certificate, the eligible offender must apply to the 26 court in which they were sentenced. 27 In calculating the one year periods under paragraphs (a) and (b) of 28 this subdivision, any period of time during which the person was incar- 29 cerated for any reason between the time of conviction and the date on 30 which the eligible offender becomes eligible for a certificate shall be 31 excluded and such one year period shall be extended by a period or peri- 32 ods equal to the time served under such incarceration. 33 2. [Such] The relief granted by such certificate shall [not be issued34by the court unless the court is satisfied that:35(a) The person to whom it is to be granted is an eligible offender, as36defined in section seven hundred;37(b) The relief to be granted by the certificate is] be consistent with 38 the rehabilitation of the eligible offender[;] and 39 [(c) The relief to be granted by the certificate is] be consistent 40 with the public interest. 41 3. [Where a certificate of relief from disabilities is not issued at42the time sentence is pronounced it shall only be issued thereafter upon43verified application to the court. The court may, for the purpose of44determining whether such certificate shall be issued, request its45probation service to conduct an investigation of the applicant, or if46the court has no probation service it may request the probation service47of the county court for the county in which the court is located to48conduct such investigation. Any probation officer requested to make an49investigation pursuant to this section shall prepare and submit to the50court a written report in accordance with such request.514.] Where the court has imposed a revocable sentence and the certif- 52 icate of [relief from disabilities] restoration is issued prior to the 53 expiration or termination of the time which the court may revoke such 54 sentence, the certificate shall be deemed to be a temporary certificate 55 until such time as the court's authority to revoke the sentence has 56 expired or is terminated. While temporary, such certificate (a) may beA. 4136 4 1 revoked by the court for violation of the conditions of the sentence, 2 and (b) shall be revoked by the court if it revokes the sentence and 3 commits the person to an institution under the jurisdiction of the state 4 department of corrections and community supervision. Any such revocation 5 shall be upon notice and after an opportunity to be heard. If the 6 certificate is not so revoked, it shall become a permanent certificate 7 upon expiration or termination of the court's authority to revoke the 8 sentence. 9 [5] 4. Any court that has issued a certificate of [relief from disa-10bilities] restoration may at any time issue a new certificate to enlarge 11 the relief previously granted, provided, however, that the provisions of 12 subdivisions one through [four] three of this section shall apply to the 13 issuance of any such new certificate. 14 [6.] 5. Any written report submitted to the court [pursuant to] for 15 the purposes of this section is confidential and may not be made avail- 16 able to any person or public or private agency except where specifically 17 required or permitted by statute or upon specific authorization of the 18 court. However, upon the court's receipt of such report, the court shall 19 provide a copy of such report, or direct that such report be provided to 20 the applicant's attorney, or the applicant himself, if he or she has no 21 attorney. In its discretion, the court may except from disclosure a part 22 or parts of the report which are not relevant to the granting of a 23 certificate, or sources of information which have been obtained on a 24 promise of confidentiality, or any other portion thereof, disclosure of 25 which would not be in the interest of justice. The action of the court 26 excepting information from disclosure shall be subject to appellate 27 review. The court, in its discretion, may hold a conference in open 28 court or in chambers to afford an applicant an opportunity to controvert 29 or to comment upon any portions of the report. The court may also 30 conduct a summary hearing at the conference on any matter relevant to 31 the granting of the application and may take testimony under oath. 32 § 5. Section 703 of the correction law, as amended by section 34 of 33 subpart B of part C of chapter 62 of the laws of 2011, is amended to 34 read as follows: 35 § 703. Certificates of [relief from disabilities] restoration issued 36 by the department of corrections and community supervision. 1. The 37 department of corrections and community supervision shall [have the38power to] issue a certificate of [relief from disabilities] restoration 39 to: 40 (a) any eligible offender who has been committed to an institution 41 under the jurisdiction of the state department of corrections and commu- 42 nity supervision who successfully earned merit time or a certificate of 43 earned eligibility during their period of incarceration. Such certif- 44 icate [may] shall be issued by the department at the time the offender 45 is released from such institution under the department's supervision [or46otherwise or at any time thereafter]. If such eligible offender did not 47 earn merit time or a certificate of earned eligibility, the board shall 48 issue such certificate at the time of such eligible offender's release 49 from prison unless it is determined that the issuance of such certif- 50 icate would jeopardize public safety. If such certificate is not issued 51 upon such eligible offender's release from prison, such offender shall 52 be issued a certificate by the board of parole after two years of unre- 53 voked parole, conditional release or post-release supervision. Such 54 individual shall apply to the board of parole in order to receive such 55 certificate.A. 4136 5 1 In calculating the two year period under this paragraph, any period of 2 time during which the person was incarcerated for any reason between the 3 time of conviction and the date on which the eligible offender becomes 4 eligible for a certificate shall be excluded and such two year period 5 shall be extended by a period or periods equal to the time served under 6 such incarceration; 7 (b) any eligible offender who resides within this state and whose 8 judgment of conviction was rendered by a court in any other jurisdiction 9 where such eligible offender applies for such certificate, is not incar- 10 cerated at the time of the application and is not subject to an undis- 11 posed arrest, unless the board determines that the issuance of such 12 certificate would jeopardize public safety. If a certificate of restora- 13 tion is not issued at the time of the application, the board shall issue 14 a certificate to such eligible offender one year after the date of the 15 application where the judgment of conviction was for a misdemeanor and 16 two years after the date of the application where the judgment of 17 conviction was for a felony, provided that such offender has not been 18 convicted of a new crime and is not the subject of an undisposed arrest. 19 2. Where the department has issued a certificate of [relief from disa-20bilities] restoration, the department may at any time issue a new 21 certificate enlarging the relief previously granted. 22 3. The relief granted by the department [shall not issue any] in a 23 certificate of [relief from disabilities] restoration pursuant to 24 [subdivisions] subdivision one or two[, unless the department is satis-25fied that:26(a) The person to whom it is to be granted is an eligible offender, as27defined in section seven hundred;28(b) The relief to be granted by the certificate is] of this section 29 shall be consistent with the rehabilitation of the eligible offender[;] 30 and 31 [(c) The relief to be granted by the certificate is] be consistent 32 with the public interest. 33 4. Any certificate of [relief from disabilities] restoration issued by 34 the department to an eligible offender who at time of the issuance of 35 the certificate is under the department's supervision, shall be deemed 36 to be a temporary certificate until such time as the eligible offender 37 is discharged from the department's supervision, and, while temporary, 38 such certificate may be revoked by the department for violation of the 39 conditions of community supervision. Revocation shall be upon notice to 40 the releasee, who shall be accorded an opportunity to explain the 41 violation prior to decision thereon. If the certificate is not so 42 revoked, it shall become a permanent certificate upon expiration or 43 termination of the department's jurisdiction over the individual. 44 5. In granting or revoking a certificate of [relief from disabilities] 45 restoration the action of the department shall be deemed a judicial 46 function and shall not be reviewable if done according to law. 47 6. For the purpose of determining whether such certificate shall be 48 issued, the department may conduct an investigation of the applicant. 49 7. Presumption based on federal recommendation. Where a certificate of 50 [relief from disabilities] restoration is sought pursuant to paragraph 51 (b) of subdivision one of this section on a judgment of conviction 52 rendered by a federal district court in this state and the department is 53 in receipt of a written recommendation in favor of the issuance of such 54 certificate from the chief probation officer of the district, the 55 department shall issue the requested certificate, unless it finds that 56 the requirements of [paragraphs (a), (b) and (c) of] subdivision threeA. 4136 6 1 of this section have not been satisfied; or that the interests of 2 justice would not be advanced by the issuance of the certificate. 3 § 6. Section 703-a of the correction law is REPEALED. 4 § 7. Section 703-b of the correction law is REPEALED. 5 § 8. Section 704 of the correction law, as added by chapter 654 of the 6 laws of 1966, is amended to read as follows: 7 § 704. Effect of revocation; use of revoked certificate. 1. Where a 8 certificate of [relief from disabilities] restoration is deemed to be 9 temporary and such certificate is revoked, disabilities and forfeitures 10 thereby relieved shall be reinstated as of the date upon which the 11 person to whom the certificate was issued receives written notice of 12 such revocation. Any such person shall upon receipt of such notice 13 surrender the certificate to the issuing court or board. 14 2. A person who knowingly uses or attempts to use, a revoked certif- 15 icate of [relief from disabilities] restoration in order to obtain or to 16 exercise any right or privilege that he would not be entitled to obtain 17 or to exercise without a valid certificate shall be guilty of a misde- 18 meanor. 19 3. Where a certificate of restoration has been revoked, the offender 20 shall be eligible for a new certificate in accordance with sections 21 seven hundred two and seven hundred three of this article as applicable. 22 § 9. Section 705 of the correction law, as amended by section 36 of 23 subpart B of part C of chapter 62 of the laws of 2011, is amended to 24 read as follows: 25 § 705. Forms and filing. 1. All applications, certificates and orders 26 of revocation necessary for the purposes of this article shall be upon 27 forms prescribed pursuant to agreement among the state commissioner of 28 corrections and community supervision, the chairman of the state board 29 of parole and the administrator of the state judicial conference. Such 30 forms relating to certificates of [relief from disabilities] restoration 31 shall be distributed by the office of probation and correctional alter- 32 natives and [forms relating to certificates of good conduct shall be33distributed] by the commissioner of the department of corrections and 34 community supervision. 35 2. Any court or department issuing or revoking any certificate pursu- 36 ant to this article shall immediately file a copy of the certificate, or 37 of the order of revocation, with the New York state identification and 38 intelligence system. 39 § 10. Paragraph (h) of subdivision 1 of section 130 of the executive 40 law, as amended by section 1 of part LL of chapter 56 of the laws of 41 2010, is amended to read as follows: 42 (h) vagrancy or prostitution, and who has not subsequent to such 43 conviction received an executive pardon therefor or a certificate of 44 [relief from disabilities or a certificate of good conduct] restoration 45 pursuant to article twenty-three of the correction law to remove the 46 disability under this section because of such conviction. 47 § 11. Subdivision 3 of section 175 of the executive law, as amended by 48 section 2 of part LL of chapter 56 of the laws of 2010, is amended to 49 read as follows: 50 3. Upon a showing by the attorney general in an application for an 51 injunction that any person engaged in solicitation has been convicted in 52 this state or elsewhere of a felony or of a misdemeanor involving the 53 misappropriation, misapplication or misuse of the money or property of 54 another, and who has not, subsequent to such conviction, received execu- 55 tive pardon therefor or a certificate of [relief from disabilities or a56certificate of good conduct] restoration pursuant to article twenty-A. 4136 7 1 three of the correction law, the supreme court, after a hearing, may 2 enjoin such person from engaging in any solicitation. 3 § 12. Clause 1 of paragraph c of subdivision 2 of section 435 of the 4 executive law, as amended by chapter 371 of the laws of 1974, is amended 5 to read as follows: 6 (1) a person convicted of a crime who has not received a pardon[,] or 7 a certificate of [good conduct or a certificate of relief from disabili-8ties] restoration; 9 § 13. Paragraph (c) of subdivision 8 of section 283 of the tax law, as 10 amended by section 24 of part LL of chapter 56 of the laws of 2010, is 11 amended to read as follows: 12 (c) If a person convicted of a felony or crime deemed hereby to be a 13 felony is subsequently pardoned by the governor of the state where such 14 conviction was had, or by the president of the United States, or shall 15 receive a certificate of [relief from disabilities or a certificate of16good conduct] restoration pursuant to article twenty-three of the 17 correction law for the purpose of removing the disability under this 18 section because of such conviction, the tax commission may, in its 19 discretion, on application of such person and compliance with subdivi- 20 sion two of this section, and on the submission to it of satisfactory 21 evidence of good moral character and suitability, again register such 22 person as a distributor under this article. 23 § 14. Subdivision 2 of section 102 of the alcoholic beverage control 24 law, as amended by section 1 of part OO of chapter 56 of the laws of 25 2010, the opening paragraph as separately amended by section 3 of part 26 LL of chapter 56 of the laws of 2010 and paragraph (g) as separately 27 amended by chapter 232 of the laws of 2010, is amended to read as 28 follows: 29 2. No person holding any license hereunder, other than a license to 30 sell an alcoholic beverage at retail for off-premises consumption or a 31 license or special license to sell an alcoholic beverage at retail for 32 consumption on the premises where such license authorizes the sale of 33 liquor, beer and/or wine on the premises of a catering establishment, 34 hotel, restaurant, club, or recreational facility, shall knowingly 35 employ in connection with his or her business in any capacity whatsoev- 36 er, any person, who has been convicted of a felony, or any of the 37 following offenses, who has not subsequent to such conviction received 38 an executive pardon therefor removing any civil disabilities incurred 39 thereby, a certificate of [relief from disabilities or a certificate of40good conduct] restoration pursuant to article twenty-three of the 41 correction law, or other relief from disabilities provided by law, or 42 the written approval of the state liquor authority permitting such 43 employment, to wit: 44 (a) Illegally using, carrying or possessing a pistol or other danger- 45 ous weapon; 46 (b) Making or possessing burglar's instruments; 47 (c) Buying or receiving or criminally possessing stolen property; 48 (d) Unlawful entry of a building; 49 (e) Aiding escape from prison; 50 (f) Unlawfully possessing or distributing habit forming narcotic 51 drugs; 52 (g) Violating subdivisions six, ten or eleven of section seven hundred 53 twenty-two of the former penal law as in force and effect immediately 54 prior to September first, nineteen hundred sixty-seven, or violating 55 [sections] section 165.25 or 165.30 of the penal law; 56 (h) Vagrancy or prostitution; orA. 4136 8 1 (i) Ownership, operation, possession, custody or control of a still 2 subsequent to July first, nineteen hundred fifty-four. 3 If, as hereinabove provided, the state liquor authority issues its 4 written approval for the employment by a licensee, in a specified capac- 5 ity, of a person previously convicted of a felony or any of the offenses 6 above enumerated, such person, may, unless he or she is subsequently 7 convicted of a felony or any of such offenses, thereafter be employed in 8 the same capacity by any other licensee without the further written 9 approval of the authority unless the prior approval given by the author- 10 ity is terminated. 11 The liquor authority may make such rules as it deems necessary to 12 carry out the purpose and intent of this subdivision. 13 As used in this subdivision, "recreational facility" shall mean: (i) 14 premises that are part of a facility the principal business of which 15 shall be the providing of recreation in the form of golf, tennis, swim- 16 ming, skiing or boating; and (ii) premises in which the principal busi- 17 ness shall be the operation of a theatre, concert hall, opera house, 18 bowling establishment, excursion and sightseeing vessel, or accommo- 19 dation of athletic events, sporting events, expositions and other simi- 20 lar events or occasions requiring the accommodation of large gatherings 21 of persons. 22 § 15. Paragraph (d) of subdivision 1 of section 110 of the alcoholic 23 beverage control law, as amended by chapter 114 of the laws of 2000, is 24 amended to read as follows: 25 (d) A statement that such applicant or the applicant's spouse has not 26 been convicted of a crime addressed by the provisions of section one 27 hundred twenty-six of this article which would forbid the applicant 28 (including any officers, directors, shareholders or partners listed in 29 the statement of identity under paragraph (a) of this subdivision or the 30 spouse of such person) or the applicant's spouse to traffic in alcoholic 31 beverages, a statement whether or not the applicant (including any offi- 32 cers, directors, shareholders or partners listed in the statement of 33 identity under paragraph (a) of this subdivision or the spouse of any 34 such person) or the applicant's spouse is an official described in 35 section one hundred twenty-eight of this article, and a description of 36 any crime that the applicant (including any officers, directors, share- 37 holders or partners listed under paragraph (a) of this subdivision or 38 the spouse of any such person) or the applicant's spouse has been 39 convicted of and whether such person has received a pardon, certificate 40 of [good conduct or certificate of relief from disabilities] 41 restoration; provided, however, that no person shall be denied any 42 license solely on the grounds that such person is the spouse of a person 43 otherwise disqualified from holding a license under this chapter. 44 § 16. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever- 45 age control law, as amended by section 50 of subpart B of part C of 46 chapter 62 of the laws of 2011, are amended to read as follows: 47 1. Except as provided in subdivision one-a of this section, a person 48 who has been convicted of a felony or any of the misdemeanors mentioned 49 in section eleven hundred forty-six of the former penal law as in force 50 and effect immediately prior to September first, nineteen hundred 51 sixty-seven, or of an offense defined in section 230.20 or 230.40 of the 52 penal law, unless subsequent to such conviction such person shall have 53 received an executive pardon therefor removing this disability, a 54 certificate of [good conduct granted by the department of corrections55and community supervision, or a certificate of relief from disabilities] 56 restoration granted by the department of corrections and communityA. 4136 9 1 supervision or a court of this state pursuant to the provisions of arti- 2 cle twenty-three of the correction law to remove the disability under 3 this section because of such conviction. 4 1-a. Notwithstanding the provision of subdivision one of this section, 5 a corporation holding a license to traffic in alcoholic beverages shall 6 not, upon conviction of a felony or any of the misdemeanors or offenses 7 described in subdivision one of this section, be automatically forbidden 8 to traffic in alcoholic beverages, but the application for a license by 9 such a corporation shall be subject to denial, and the license of such a 10 corporation shall be subject to revocation or suspension by the authori- 11 ty pursuant to section one hundred eighteen of this [chapter] article, 12 consistent with the provisions of article twenty-three-A of the 13 correction law. For any felony conviction by a court other than a court 14 of this state, the authority may request the department of corrections 15 and community supervision to investigate and review the facts and 16 circumstances concerning such a conviction, and such department shall, 17 if so requested, submit its findings to the authority as to whether the 18 corporation has conducted itself in a manner such that discretionary 19 review by the authority would not be inconsistent with the public inter- 20 est. The department of corrections and community supervision may charge 21 the licensee or applicant a fee equivalent to the expenses of an appro- 22 priate investigation under this subdivision. For any conviction rendered 23 by a court of this state, the authority may request the corporation, if 24 the corporation is eligible for a certificate of [relief from disabili-25ties] restoration, to seek such a certificate [from the court which26rendered the conviction] in accordance with article twenty-three of the 27 correction law and to submit such a certificate as part of the authori- 28 ty's discretionary review process. 29 4. A copartnership or a corporation, unless each member of the part- 30 nership, or each of the principal officers and directors of the corpo- 31 ration, is a citizen of the United States or an alien lawfully admitted 32 for permanent residence in the United States, not less than twenty-one 33 years of age, and has not been convicted of any felony or any of the 34 misdemeanors, specified in section eleven hundred forty-six of the 35 former penal law as in force and effect immediately prior to September 36 first, nineteen hundred sixty-seven, or of an offense defined in section 37 230.20 or 230.40 of the penal law, or if so convicted has received, 38 subsequent to such conviction, an executive pardon therefor removing 39 this disability, a certificate of [good conduct granted by the depart-40ment of corrections and community supervision, or a certificate of41relief from disabilities] restoration granted by the department of 42 corrections and community supervision or a court of this state pursuant 43 to the provisions of article twenty-three of the correction law to 44 remove the disability under this section because of such conviction; 45 provided however that a corporation which otherwise conforms to the 46 requirements of this section and chapter may be licensed if each of its 47 principal officers and more than one-half of its directors are citizens 48 of the United States or aliens lawfully admitted for permanent residence 49 in the United States; and provided further that a corporation organized 50 under the not-for-profit corporation law or the education law which 51 otherwise conforms to the requirements of this section and chapter may 52 be licensed if each of its principal officers and more than one-half of 53 its directors are not less than twenty-one years of age and none of its 54 directors are less than eighteen years of age; and provided further that 55 a corporation organized under the not-for-profit corporation law or the 56 education law and located on the premises of a college as defined byA. 4136 10 1 section two of the education law which otherwise conforms to the 2 requirements of this section and chapter may be licensed if each of its 3 principal officers and each of its directors are not less than eighteen 4 years of age. 5 § 17. Subdivision 4 of section 96-z-3 of the agriculture and markets 6 law, as amended by section 4 of part LL of chapter 56 of the laws of 7 2010, is amended to read as follows: 8 (4) applicant, an officer, director, partner, or holder of ten per 9 centum or more of the voting stock of an applicant has been convicted of 10 a felony by a court of the United States or any state or territory ther- 11 eof, without subsequent pardon by the governor or other appropriate 12 authority of the state or jurisdiction in which such conviction 13 occurred, or the receipt of a certificate of [relief from disabilities14or a certificate of good conduct] restoration pursuant to article twen- 15 ty-three of the correction law, 16 § 18. Paragraph (d) of subdivision 4 of section 129 of the agriculture 17 and markets law, as amended by section 5 of part LL of chapter 56 of the 18 laws of 2010, is amended to read as follows: 19 (d) The applicant or registrant, or an officer, director, partner or 20 holder of ten per centum or more of the voting stock of the applicant or 21 registrant, has been convicted of a felony by a court of the United 22 States or any state or territory thereof, without subsequent pardon by 23 the governor or other appropriate authority of the state or jurisdiction 24 in which such conviction occurred, or receipt of a certificate of 25 [relief from disabilities or a certificate of good conduct] restoration 26 pursuant to article twenty-three of the correction law; 27 § 19. Paragraph (c) of subdivision 2 of section 2897 of the public 28 health law, as amended by section 21 of part LL of chapter 56 of the 29 laws of 2010, is amended to read as follows: 30 (c) If a person convicted of a felony or crime deemed hereby to be a 31 felony is subsequently pardoned by the governor of the state where such 32 conviction was had, or by the president of the United States, or shall 33 receive a certificate of [relief from disabilities or a certificate of34good conduct] restoration pursuant to article twenty-three of the 35 correction law for the purpose of removing the disability under this 36 section because of such conviction, the board may, in its discretion, on 37 application of such person, and on the submission to it of satisfactory 38 evidence, restore to such person the right to practice nursing home 39 administration in this state. 40 § 20. Section 3454 of the public health law, as amended by section 22 41 of part LL of chapter 56 of the laws of 2010, is amended to read as 42 follows: 43 § 3454. Restoration of licenses after conviction of a felony. If a 44 person convicted of a felony or crime deemed to be a felony is subse- 45 quently pardoned by the governor of the state where such conviction was 46 had or by the president of the United States, or shall receive a certif- 47 icate of [relief from disabilities or a certificate of good conduct] 48 restoration pursuant to article twenty-three of the correction law to 49 remove the disability under this section because of such conviction, the 50 commissioner may, in his or her discretion, on application of such 51 person, and on the submission to him or her of satisfactory evidence, 52 restore to such person the right to practice in this state. 53 § 21. Paragraph (a) of subdivision 2 of section 3510 of the public 54 health law, as added by chapter 175 of the laws of 2006, is amended to 55 read as follows:A. 4136 11 1 (a) No person convicted of a felony shall continue to hold a license 2 to practice radiologic technology, unless he or she has been granted an 3 executive pardon, a certificate of [relief from disabilities or a4certificate of good conduct] restoration for such felony and, the 5 commissioner, in his or her discretion, restores the license after 6 determining that the individual does not pose a threat to patient health 7 and safety. 8 § 22. Paragraph 1 of subdivision (a) of section 189-a of the general 9 municipal law, as added by chapter 574 of the laws of 1978, is amended 10 to read as follows: 11 (1) a person convicted of a crime who has not received a pardon, a 12 certificate of [good conduct or a certificate of relief from disabili-13ties] restoration; 14 § 23. Paragraph (a) of subdivision 1 of section 191 of the general 15 municipal law, as amended by section 15 of part LL of chapter 56 of the 16 laws of 2010, is amended to read as follows: 17 (a) Issuance of licenses to conduct games of chance. If such clerk or 18 department shall determine that the applicant is duly qualified to be 19 licensed to conduct games of chance under this article; that the member 20 or members of the applicant designated in the application to manage 21 games of chance are bona fide active members of the applicant and are 22 persons of good moral character and have never been convicted of a 23 crime, or, if convicted, have received a pardon, a certificate of [good24conduct or a certificate of relief from disabilities] restoration pursu- 25 ant to article twenty-three of the correction law; that such games are 26 to be conducted in accordance with the provisions of this article and in 27 accordance with the rules and regulations of the board and applicable 28 local laws or ordinances and that the proceeds thereof are to be 29 disposed of as provided by this article, and if such clerk or department 30 is satisfied that no commission, salary, compensation, reward or recom- 31 pense whatever will be paid or given to any person managing, operating 32 or assisting therein except as in this article otherwise provided; it 33 shall issue a license to the applicant for the conduct of games of 34 chance upon payment of a license fee of twenty-five dollars for each 35 license period. 36 § 24. Paragraph (a) of subdivision 9 of section 476 of the general 37 municipal law, as amended by section 16 of part LL of chapter 56 of the 38 laws of 2010, is amended to read as follows: 39 (a) a person convicted of a crime who has not received a pardon or a 40 certificate of [good conduct or a certificate of relief from disabili-41ties] restoration pursuant to article twenty-three of the correction 42 law; 43 § 25. Paragraph (a) of subdivision 1 of section 481 of the general 44 municipal law, as amended by section 5 of part MM of chapter 59 of the 45 laws of 2017, is amended to read as follows: 46 (a) Issuance of licenses to conduct bingo. If the governing body of 47 the municipality determines that the applicant is duly qualified to be 48 licensed to conduct bingo under this article; that the member or members 49 of the applicant designated in the application to conduct bingo are bona 50 fide active members of the applicant and are persons of good moral char- 51 acter and have never been convicted of a crime or, if convicted, have 52 received a pardon or a certificate of [good conduct or a certificate of53relief from disabilities] restoration pursuant to article twenty-three 54 of the correction law; that such games of bingo are to be conducted in 55 accordance with the provisions of this article and in accordance with 56 the rules and regulations of the commission, and that the proceeds ther-A. 4136 12 1 eof are to be disposed of as provided by this article, and if the 2 governing body is satisfied that no commission, salary, compensation, 3 reward or recompense what so ever will be paid or given to any person 4 holding, operating or conducting or assisting in the holding, operation 5 and conduct of any such games of bingo except as in this article other- 6 wise provided; and that no prize will be offered and given in excess of 7 the sum or value of five thousand dollars in any single game and that 8 the aggregate of all prizes offered and given in all of such games 9 conducted on a single occasion, under said license shall not exceed the 10 sum or value of fifteen thousand dollars, then the municipality shall 11 issue a license to the applicant for the conduct of bingo upon payment 12 of a license fee of eighteen dollars and seventy-five cents for each 13 bingo occasion; provided, however, that the governing body shall refuse 14 to issue a license to an applicant seeking to conduct bingo in premises 15 of a licensed commercial lessor where such governing body determines 16 that the premises presently owned or occupied by such applicant are in 17 every respect adequate and suitable for conducting bingo games. 18 § 26. Paragraph b of subdivision 5 of section 84-a of the town law, as 19 amended by section 10 of part LL of chapter 56 of the laws of 2010, is 20 amended to read as follows: 21 b. On the reverse side of such envelope shall be printed the following 22 statement: 23 STATEMENT OF ABSENTEE VOTER 24 I do declare that I will have been a citizen of the United States for 25 thirty days, and will be at least eighteen years of age, on the date of 26 the special town election; that I will have been a resident of this 27 state and of the town shown on the reverse side of this envelope for 28 thirty days next preceding the said election; that I am or on such date 29 will be, a registered voter of said town; that I will be unable to 30 appear personally on the day of said special town election at the poll- 31 ing place of the election district in which I am or will be a qualified 32 voter because of the reason stated on my application heretofore submit- 33 ted; that I have not qualified, or do I intend to vote, elsewhere than 34 as set forth on the reverse side of this envelope; that I have not 35 received or offered, do not expect to receive, have not paid, offered or 36 promised to pay, contributed, offered or promised to contribute to 37 another to be paid or used, any money or other valuable thing, as a 38 compensation or reward for the giving or withholding of a vote at this 39 special town election, and have not made any promise to influence the 40 giving or withholding of any such votes; that I have not made or become 41 directly or indirectly interested in any bet or wager depending upon the 42 result of this special town election; and that I have not been convicted 43 of bribery or any infamous crime, or, if so convicted, that I have been 44 pardoned or restored to all the rights of a citizen, without restriction 45 as to the right of suffrage, or received a certificate of [relief from46disabilities or a certificate of good conduct] restoration pursuant to 47 article twenty-three of the correction law removing my disability to 48 register and vote or my maximum sentence of imprisonment has expired. 49 I hereby declare that the foregoing is a true statement to the best of 50 my knowledge and belief, and I understand that if I make any material 51 false statement in the foregoing statement of absentee voter, I shall be 52 guilty of a misdemeanor. 53 Date.............. Signature of Voter.................. 54 § 27. Paragraph b of subdivision 5 of section 175-b of the town law, 55 as amended by section 11 of part LL of chapter 56 of the laws of 2010, 56 is amended to read as follows:A. 4136 13 1 b. On the reverse side of such envelope shall be printed the follow- 2 ing statement: 3 STATEMENT OF ABSENTEE VOTER 4 I do declare that I will have been a citizen of the United States for 5 thirty days, and will be at least eighteen years of age, on the date of 6 the district election; that I will have been a resident of this state 7 and of the district if any, shown on the reverse side of this envelope 8 for thirty days next preceding the said election and that I am or on 9 such date will be, a registered voter of said district; that I will be 10 unable to appear personally on the day of said district election at the 11 polling place of the said district in which I am or will be a qualified 12 voter because of the reason stated on my application heretofore submit- 13 ted; that I have not qualified, or do I intend to vote, elsewhere than 14 as set forth on the reverse side of this envelope; that I have not 15 received or offered, do not expect to receive, have not paid, offered or 16 promised to pay, contributed, offered or promised to contribute to 17 another to be paid or used, any money or other valuable thing, as a 18 compensation or reward for the giving or withholding of a vote at this 19 district election, and have not made any promise to influence the giving 20 or withholding of any such votes; that I have not made or become direct- 21 ly or indirectly interested in any bet or wager depending upon the 22 result of this district election; and that I have not been convicted of 23 bribery or any infamous crime, or, if so convicted, that I have been 24 pardoned or restored to all the rights of a citizen, without restriction 25 as to the right of suffrage, or received a certificate of [relief from26disabilities or a certificate of good conduct] restoration pursuant to 27 article twenty-three of the correction law removing my disability to 28 register and vote or my maximum sentence of imprisonment has expired. 29 I hereby declare that the foregoing is a true statement to the best of 30 my knowledge and belief, and I understand that if I make any material 31 false statement in the foregoing statement of absentee voter, I shall be 32 guilty of a misdemeanor. 33 Date..............Signature of Voter.................. 34 § 28. Paragraph b of subdivision 5 of section 213-b of the town law, 35 as amended by section 12 of part LL of chapter 56 of the laws of 2010, 36 is amended to read as follows: 37 b. On the reverse side of such envelope shall be printed the follow- 38 ing statement: 39 STATEMENT OF ABSENTEE VOTER 40 I do declare that I will have been a citizen of the United States for 41 thirty days, and will be at least eighteen years of age, on the date of 42 the district election; that I will have been a resident of this state 43 and of the district if any, shown on the reverse side of this envelope 44 for thirty days next preceding the said election and that I am or on 45 such date will be, a registered voter of said district; that I will be 46 unable to appear personally on the day of said district election at the 47 polling place of the said district in which I am or will be a qualified 48 voter because of the reason stated on my application heretofore submit- 49 ted; that I have not qualified, or do I intend to vote, elsewhere than 50 as set forth on the reverse side of this envelope; that I have not 51 received or offered, do not expect to receive, have not paid, offered or 52 promised to pay, contributed, offered or promised to contribute to 53 another to be paid or used, any money or other valuable thing, as a 54 compensation or reward for the giving or withholding of a vote at this 55 district election, and have not made any promise to influence the givingA. 4136 14 1 or withholding of any such votes; that I have not made or become direct- 2 ly or indirectly interested in any bet or wager depending upon the 3 result of this district election; and that I have not been convicted of 4 bribery or any infamous crime, or, if so convicted, that I have been 5 pardoned or restored to all the rights of a citizen, without restriction 6 as to the right of suffrage, or received a certificate of [relief from7disabilities or a certificate of good conduct] restoration pursuant to 8 article twenty-three of the correction law removing my disability to 9 register and vote or my maximum sentence of imprisonment has expired. 10 I hereby declare that the foregoing is a true statement to the best of 11 my knowledge and belief, and I understand that if I make any material 12 false statement in the foregoing statement of absentee voter, I shall be 13 guilty of a misdemeanor. 14 Date............. Signature of Voter .............................. 15 § 29. Paragraph b of subdivision 5 of section 2018-a of the education 16 law, as amended by section 8 of part LL of chapter 56 of the laws of 17 2010, is amended to read as follows: 18 b. On the reverse side of such envelope shall be printed the following 19 statement: 20 STATEMENT OF ABSENTEE VOTER 21 I do declare that I am a citizen of the United States, and will be at 22 least eighteen years of age, on the date of the school district 23 election; that I will have been a resident of this state and of the 24 school district and school election district, if any, shown on the 25 reverse side of this envelope for thirty days next preceding the said 26 election and duly registered in the school district and school election 27 district, if any, shown on the reverse side of this envelope and that I 28 am or on such date will be, a qualified voter of said school district; 29 that I will be unable to appear personally on the day of said school 30 district election at the polling place of the said district in which I 31 am or will be a qualified voter because of the reason stated on my 32 application heretofore submitted; that I have not qualified, or do I 33 intend to vote, elsewhere than as set forth on the reverse side of this 34 envelope; that I have not received or offered, do not expect to receive, 35 have not paid, offered or promised to pay, contributed, offered or prom- 36 ised to contribute to another to be paid or used, any money or other 37 valuable thing, as a compensation or reward for the giving or withhold- 38 ing of a vote at this school district election, and have not made any 39 promise to influence the giving or withholding of any such votes; that I 40 have not made or become directly or indirectly interested in any bet or 41 wager depending upon the result of this school district election; and 42 that I have not been convicted of bribery or any infamous crime, or, if 43 so convicted, that I have been pardoned or restored to all the rights of 44 a citizen, without restriction as to the right of suffrage, or received 45 a certificate of [relief from disabilities or a certificate of good46conduct] restoration pursuant to article twenty-three of the correction 47 law removing my disability to register and vote or my maximum sentence 48 of imprisonment has expired. 49 I hereby declare that the foregoing is a true statement to the best of 50 my knowledge and belief, and I understand that if I make any material 51 false statement in the foregoing statement of absentee voter, I shall be 52 guilty of a misdemeanor. 53 Date.....................Signature of Voter ..........................A. 4136 15 1 § 30. Paragraph b of subdivision 6 of section 2018-b of the education 2 law, as amended by section 9 of part LL of chapter 56 of the laws of 3 2010, is amended to read as follows: 4 b. On the reverse side of such envelope shall be printed the following 5 statement: 6 STATEMENT OF ABSENTEE VOTER 7 I do declare that I am a citizen of the United States, and will be at 8 least eighteen years of age on the date of the school district election; 9 that I will have been a resident of this state and of the school 10 district and school election district, if any, shown on the reverse side 11 of this envelope for thirty days next preceding the said election and 12 that I am or on such date will be, a qualified voter of said school 13 district; that I will be unable to appear personally on the day of said 14 school district election at the polling place of the said district in 15 which I am or will be a qualified voter because of the reason stated on 16 my application heretofore submitted; that I have not qualified, or do I 17 intend to vote, elsewhere than as set forth on the reverse side of this 18 envelope; that I have not received or offered, do not expect to receive, 19 have not paid, offered or promised to pay, contributed, offered or prom- 20 ised to contribute to another to be paid or used, any money or other 21 valuable thing, as a compensation or reward for the giving or withhold- 22 ing of a vote at this school district election, and have not made any 23 promise to influence the giving or withholding of any such votes; that I 24 have not made or become directly or indirectly interested in any bet or 25 wager depending upon the result of this school district election; and 26 that I have not been convicted of bribery or any infamous crime, or, if 27 so convicted, that I have been pardoned or restored to all the rights of 28 a citizen, without restriction as to the right of suffrage, or have 29 received a certificate of [relief from disabilities or a certificate of30good conduct] restoration pursuant to article twenty-three of the 31 correction law removing my disability to vote or my maximum sentence of 32 imprisonment has expired. 33 I hereby declare that the foregoing is a true statement to the best of 34 my knowledge and belief, and I understand that if I make any material 35 false statement in the foregoing statement of absentee voter, I shall be 36 guilty of a misdemeanor. 37 Date....................Signature of Voter ........................... 38 § 31. Subdivision 2 of section 69-o of the general business law, as 39 amended by chapter 575 of the laws of 1993, is amended to read as 40 follows: 41 2. After the filing of an applicant's fingerprint cards, the secretary 42 of state shall forward such fingerprints to the division of criminal 43 justice services to be compared with the fingerprints on file with the 44 division of criminal justice services in order to ascertain whether the 45 applicant has been convicted of a felony involving fraud, bribery, 46 perjury or theft pursuant to article one hundred forty, one hundred 47 fifty-five, one hundred sixty, one hundred sixty-five, one hundred 48 seventy, one hundred seventy-five, one hundred seventy-six, one hundred 49 eighty, one hundred eighty-five, one hundred ninety, one hundred nine- 50 ty-five, two hundred or two hundred ten of the penal law; or has a crim- 51 inal action which has been pending for such a felony for under one yearA. 4136 16 1 without a final disposition unless adjourned in contemplation of 2 dismissal; provided, however, that for the purposes of this article, 3 none of the following shall be considered criminal convictions or 4 reported as such: 5 (a) A conviction which has been vacated and replaced by a youthful 6 offender finding pursuant to article seven hundred twenty of the crimi- 7 nal procedure law, or the applicable provisions of law of any other 8 jurisdiction; or 9 (b) A conviction the records of which have been expunged or sealed 10 pursuant to the applicable provisions of the laws of this state or of 11 any other jurisdiction; or 12 (c) A conviction for which [a certificate of relief from disabilities13or] a certificate of [good conduct] restoration has been issued pursuant 14 to article twenty-three of the correction law. 15 The division of criminal justice services shall retain the fingerprint 16 cards and return the report of such convictions or pending cases, if 17 any, to the secretary of state who shall retain them in a confidential 18 file for no more than one year, after which time such report shall be 19 destroyed. 20 The secretary of state shall deny the application of any individual 21 convicted of a felony involving fraud, bribery, perjury or theft pursu- 22 ant to article one hundred forty, one hundred fifty-five, one hundred 23 sixty, one hundred sixty-five, one hundred seventy, one hundred seven- 24 ty-five, one hundred seventy-six, one hundred eighty, one hundred eight- 25 y-five, one hundred ninety, one hundred ninety-five, two hundred or two 26 hundred ten of the penal law; or has a criminal action which has been 27 pending for such a felony for under one year without a final disposition 28 unless adjourned in contemplation of dismissal; provided, however, that 29 for the purposes of this article, none of the following shall be consid- 30 ered criminal convictions or reported as such: 31 (i) A conviction which has been vacated and replaced by a youthful 32 offender finding pursuant to article seven hundred twenty of the crimi- 33 nal procedure law, or the applicable provisions of law of any other 34 jurisdiction; or 35 (ii) A conviction the records of which have been expunged or sealed 36 pursuant to the applicable provisions of the laws of this state or of 37 any other jurisdiction; or 38 (iii) A conviction for which [a certificate of relief from disabili-39ties or] a certificate of [good conduct] restoration has been issued 40 pursuant to article twenty-three of the correction law. 41 § 32. Subdivision 1 of section 81 of the general business law, as 42 amended by section 14 of part LL of chapter 56 of the laws of 2010, is 43 amended to read as follows: 44 1. The holder of any license certificate issued pursuant to this arti- 45 cle may employ to assist him in his work of private detective or inves- 46 tigator or bail enforcement agent as described in section seventy-one of 47 this article and in the conduct of such business as many persons as he 48 may deem necessary, and shall at all times during such employment be 49 legally responsible for the good conduct in the business of each and 50 every person so employed. 51 No holder of any unexpired license certificate issued pursuant to this 52 article shall knowingly employ in connection with his or its business in 53 any capacity whatsoever, any person who has been convicted of a felony 54 or any of the offenses specified in subdivision two of section seventy- 55 four of this article, and who has not subsequent to such conviction 56 received executive pardon therefor removing this disability, or receivedA. 4136 17 1 a certificate of [relief from disabilities or a certificate of good2conduct] restoration pursuant to article twenty-three of the correction 3 law to remove the disability under this section because of such a 4 conviction, or any person whose private detective or investigator's 5 license or bail enforcement agent's license was revoked or application 6 for such license was denied by the department of state or by the author- 7 ities of any other state or territory because of conviction of any of 8 such offenses. Should the holder of an unexpired license certificate 9 falsely state or represent that a person is or has been in his employ, 10 such false statement or misrepresentation shall be sufficient cause for 11 the revocation of such license. Any person falsely stating or represent- 12 ing that he is or has been a detective or employed by a detective agency 13 or that he is or has been a bail enforcement agent or employed by a bail 14 enforcement agency shall be guilty of a misdemeanor. 15 § 33. Paragraph 4 of subsection (d) of section 2108 of the insurance 16 law, as amended by section 18 of part LL of chapter 56 of the laws of 17 2010, is amended to read as follows: 18 (4) This subsection shall not prevent the employment of or the issu- 19 ance of a license to any person who, subsequent to his conviction, shall 20 have received executive pardon therefor removing this disability, or who 21 has received a certificate of [relief from disabilities or a certificate22of good conduct] restoration pursuant to article twenty-three of the 23 correction law to remove the disability under this section because of 24 such conviction or previous license revocation occasioned thereby. 25 § 34. Subdivision 6 of section 369 of the banking law, as amended by 26 chapter 164 of the laws of 2003 and paragraph (b) as amended by section 27 6 of part LL of chapter 56 of the laws of 2010, is amended to read as 28 follows: 29 6. The superintendent may refuse to issue a license pursuant to this 30 article if he shall find that the applicant, or any person who is a 31 director, officer, partner, agent, employee or substantial stockholder 32 of the applicant, (a) has been convicted of a crime in any jurisdiction 33 or (b) is associating or consorting with any person who has, or persons 34 who have, been convicted of a crime or crimes in any jurisdiction or 35 jurisdictions; provided, however, that the superintendent shall not 36 issue such a license if he shall find that the applicant, or any person 37 who is a director, officer, partner, agent, employee or substantial 38 stockholder of the applicant, has been convicted of a felony in any 39 jurisdiction or of a crime which, if committed within this state, would 40 constitute a felony under the laws thereof. For the purposes of this 41 article, a person shall be deemed to have been convicted of a crime if 42 such person shall have pleaded guilty to a charge thereof before a court 43 or magistrate, or shall have been found guilty thereof by the decision 44 or judgment of a court or magistrate or by the verdict of a jury, irre- 45 spective of the pronouncement of sentence or the suspension thereof, 46 unless such plea of guilty, or such decision, judgment or verdict, shall 47 have been set aside, reversed or otherwise abrogated by lawful judicial 48 process or unless the person convicted of the crime shall have received 49 a pardon therefor from the president of the United States or the gover- 50 nor or other pardoning authority in the jurisdiction where the 51 conviction was had, or shall have received a certificate of [relief from52disabilities or a certificate of good conduct] restoration pursuant to 53 article twenty-three of the correction law to remove the disability 54 under this article because of such conviction. The term "substantial 55 stockholder," as used in this subdivision, shall be deemed to refer to a 56 person owning or controlling ten per centum or more of the totalA. 4136 18 1 outstanding stock of the corporation in which such person is a stock- 2 holder. In making a determination pursuant to this subdivision, the 3 superintendent shall require fingerprinting of the applicant. Such fing- 4 erprints shall be submitted to the division of criminal justice services 5 for a state criminal history record check, as defined in subdivision one 6 of section three thousand thirty-five of the education law, and may be 7 submitted to the federal bureau of investigation for a national criminal 8 history record check. 9 § 35. Paragraph 5 of subdivision a of section 265.20 of the penal law, 10 as amended by chapter 235 of the laws of 2007, is amended to read as 11 follows: 12 5. Possession of a rifle or shotgun by a person other than a person 13 who has been convicted of a class A-I felony or a violent felony 14 offense, as defined in subdivision one of section 70.02 of this chapter, 15 who has been convicted as specified in subdivision four of section 16 265.01 of this article to whom a certificate of [good conduct] restora- 17 tion has been issued [pursuant to section seven hundred three-b of the18correction law]. 19 § 36. Section 751 of the correction law, as amended by chapter 284 of 20 the laws of 2007, is amended to read as follows: 21 § 751. Applicability. The provisions of this article shall apply to 22 any application by any person for a license or employment at any public 23 or private employer, who has previously been convicted of one or more 24 criminal offenses in this state or in any other jurisdiction, and to any 25 license or employment held by any person whose conviction of one or more 26 criminal offenses in this state or in any other jurisdiction preceded 27 such employment or granting of a license, except where a mandatory 28 forfeiture, disability or bar to employment is imposed by law, and has 29 not been removed by an executive pardon, certificate of [relief from30disabilities or certificate of good conduct] restoration. Nothing in 31 this article shall be construed to affect any right an employer may have 32 with respect to an intentional misrepresentation in connection with an 33 application for employment made by a prospective employee or previously 34 made by a current employee. 35 § 37. Subdivision 2 of section 753 of the correction law, as added by 36 chapter 931 of the laws of 1976, is amended to read as follows: 37 2. In making a determination pursuant to section seven hundred fifty- 38 two of this [chapter] article, the public agency or private employer 39 shall also give consideration to a certificate of [relief from disabili-40ties or a certificate of good conduct] restoration issued to the appli- 41 cant, which certificate shall create a presumption of rehabilitation in 42 regard to the offense or offenses specified therein. 43 § 38. The closing paragraph of section 79-a of the civil rights law, 44 as amended by chapter 687 of the laws of 1973, is amended to read as 45 follows: 46 Nothing in this section shall be deemed to preclude the issuance of a 47 certificate of [good conduct] restoration by the board of parole or 48 sentencing court pursuant to law to a person who previously has been 49 sentenced to imprisonment for life. 50 § 39. The first undesignated paragraph of section 440-a of the real 51 property law, as amended by section 23 of part LL of chapter 56 of the 52 laws of 2010, is amended to read as follows: 53 No person, co-partnership, limited liability company or corporation 54 shall engage in or follow the business or occupation of, or hold himself 55 or itself out or act temporarily or otherwise as a real estate broker or 56 real estate salesman in this state without first procuring a licenseA. 4136 19 1 therefor as provided in this article. No person shall be entitled to a 2 license as a real estate broker under this article, either as an indi- 3 vidual or as a member of a co-partnership, or as a member or manager of 4 a limited liability company or as an officer of a corporation, unless he 5 or she is twenty years of age or over, a citizen of the United States or 6 an alien lawfully admitted for permanent residence in the United States. 7 No person shall be entitled to a license as a real estate salesman under 8 this article unless he or she is over the age of eighteen years. No 9 person shall be entitled to a license as a real estate broker or real 10 estate salesman under this article who has been convicted in this state 11 or elsewhere of a felony, of a sex offense, as defined in subdivision 12 two of section one hundred sixty-eight-a of the correction law or any 13 offense committed outside of this state which would constitute a sex 14 offense, or a sexually violent offense, as defined in subdivision three 15 of section one hundred sixty-eight-a of the correction law or any 16 offense committed outside this state which would constitute a sexually 17 violent offense, and who has not subsequent to such conviction received 18 executive pardon therefor or a certificate of [relief from disabilities19or a certificate of good conduct] restoration pursuant to article twen- 20 ty-three of the correction law, to remove the disability under this 21 section because of such conviction. No person shall be entitled to a 22 license as a real estate broker or real estate salesman under this arti- 23 cle who does not meet the requirements of section 3-503 of the general 24 obligations law. 25 § 40. Paragraph (a) of subdivision 1 of section 20-438 of the adminis- 26 trative code of the city of New York is amended to read as follows: 27 (a) Issuance of licenses to conduct games of chance. If such depart- 28 ment shall determine that the applicant is duly qualified to be licensed 29 to conduct games of chance under this subchapter; that the members of 30 the applicant designated in the application to conduct games of chance 31 are bona fide active members of the applicant and are persons of good 32 moral character and have never been convicted of a crime, or, if 33 convicted, have received a pardon or a certificate of [good conduct] 34 restoration; that such games are to be conducted in accordance with the 35 provisions of this subchapter and in accordance with the rules and regu- 36 lations of the board and that the proceeds thereof are to be disposed of 37 as provided by this subchapter; and if such department is satisfied that 38 no commission, salary, compensation, reward or recompense whatever will 39 be paid or given to any person holding, operating or conducting or 40 assisting in the holding, operation and conduct of any such games except 41 as in this subchapter otherwise provided; and that no prize will be 42 given in excess of the sum or value of one hundred dollars in any single 43 game and that the aggregate of all prizes given on one occasion, under 44 said license shall not exceed the sum or value of one thousand dollars, 45 the department shall issue a license to the applicant for the conduct of 46 games of chance upon payment of a license fee of twenty-five dollars for 47 each license period. 48 § 41. Paragraph (a) of subdivision 5 of section 2806 of the public 49 health law, as amended by section 20 of part LL of chapter 56 of the 50 laws of 2010, is amended to read as follows: 51 (a) Except as provided in paragraphs (b) and (d) of this subdivision, 52 anything contained in this section or in a certificate of [relief from53disabilities or a certificate of good conduct] restoration issued pursu- 54 ant to article twenty-three of the correction law to the contrary 55 notwithstanding, a hospital operating certificate of a hospital under 56 control of a controlling person as defined in paragraph (a) of subdivi-A. 4136 20 1 sion twelve of section twenty-eight hundred one-a of this article, or 2 under control of any other entity, shall be revoked upon a finding by 3 the department that such controlling person or any individual, member of 4 a partnership or shareholder of a corporation to whom or to which an 5 operating certificate has been issued, has been convicted of a class A, 6 B or C felony, or a felony related in any way to any activity or program 7 subject to the regulations, supervision, or administration of the 8 department or of the office of temporary and disability assistance or in 9 violation of the public officers law in a court of competent jurisdic- 10 tion in the state, or of a crime outside the state which, if committed 11 within the state, would have been a class A, B or C felony or a felony 12 related in any way to any activity or program subject to the regu- 13 lations, supervision, or administration of the department or of the 14 office of temporary and disability assistance or in violation of the 15 public officers law. 16 § 42. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 17 2 of section 509-c of the vehicle and traffic law, paragraph (a) of 18 subdivision 1 as amended by section 25 and paragraph (a) of subdivision 19 2 as amended by section 26 of part LL of chapter 56 of the laws of 2010, 20 are amended to read as follows: 21 (a) permanently, if that person has been convicted of or forfeited 22 bond or collateral which forfeiture order has not been vacated or the 23 subject of an order of remission upon a violation of section 130.30, 24 130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an 25 offense committed under a former section of the penal law which would 26 constitute a violation of the aforesaid sections of the penal law or any 27 offense committed outside of this state which would constitute a 28 violation of the aforesaid sections of the penal law, provided, however, 29 the provisions of this paragraph shall not apply to convictions, suspen- 30 sions or revocations or forfeitures of bonds for collateral upon any of 31 the charges listed in this paragraph for violations which occurred prior 32 to September first, nineteen hundred seventy-four committed by a person 33 employed as a bus driver on September first, nineteen hundred seventy- 34 four. However, such disqualification may be waived provided that five 35 years have expired since the applicant was discharged or released from a 36 sentence of imprisonment imposed pursuant to conviction of an offense 37 that requires disqualification under this paragraph and that the appli- 38 cant shall have been granted a certificate of [relief from disabilities39or a certificate of good conduct] restoration pursuant to article twen- 40 ty-three of the correction law. 41 (a) permanently, if that person has been convicted of or forfeited 42 bond or collateral which forfeiture order has not been vacated or the 43 subject of an order of remission upon a violation committed prior to 44 September fifteenth, nineteen hundred eighty-five, of section 130.30, 45 130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an 46 offense committed under a former section of the penal law which would 47 constitute a violation of the aforesaid sections of the penal law or any 48 offense committed outside of this state which would constitute a 49 violation of the aforesaid sections of the penal law. However, such 50 disqualification may be waived provided that five years have expired 51 since the applicant was discharged or released from a sentence of impri- 52 sonment imposed pursuant to conviction of an offense that requires 53 disqualification under this paragraph and that the applicant shall have 54 been granted a certificate of [relief from disabilities or a certificate55of good conduct] restoration pursuant to article twenty-three of the 56 correction law.A. 4136 21 1 § 43. Paragraph (a) and subparagraph (i) of paragraph (b) of subdivi- 2 sion 1 and paragraphs (a) and (b) and subparagraph (i) of paragraph (c) 3 of subdivision 2 of section 509-cc of the vehicle and traffic law, as 4 added by chapter 675 of the laws of 1985, subparagraphs (i), (ii) and 5 (iii) of paragraph (a) and subparagraph (i) of paragraph (b) of subdivi- 6 sion 1 as amended by section 27 and paragraphs (a) and (b) and subpara- 7 graph (i) of paragraph (c) of subdivision 2 as amended by section 28 of 8 part LL of chapter 56 of the laws of 2010, are amended to read as 9 follows: 10 (a) permanently, if that person 11 (i) has been convicted of or forfeited bond or collateral which 12 forfeiture order has not been vacated or the subject of an order of 13 remission upon a violation committed prior to September fifteenth, nine- 14 teen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50, 15 130.60, or 130.65 of the penal law, or an offense committed under a 16 former section of the penal law which would constitute a violation of 17 the aforesaid sections of the penal law or any offense committed outside 18 of this state which would constitute a violation of the aforesaid 19 sections of the penal law, provided, however, the provisions of this 20 subparagraph shall not apply to convictions, suspensions or revocations 21 or forfeitures of bonds for collateral upon any of the charges listed in 22 this subparagraph for violations which occurred prior to September 23 first, nineteen hundred seventy-four committed by a person employed as a 24 bus driver on September first, nineteen hundred seventy-four. However, 25 such disqualification may be waived provided that five years have 26 expired since the applicant was discharged or released from a sentence 27 of imprisonment imposed pursuant to conviction of an offense that 28 requires disqualification under this paragraph and that the applicant 29 shall have been granted a certificate of [relief from disabilities or a30certificate of good conduct] restoration pursuant to article twenty- 31 three of the correction law. When the certificate is issued by a court 32 for a conviction which occurred in this state, it shall only be issued 33 by the court having jurisdiction over such conviction. Such certificate 34 shall specifically indicate that the authority granting such certificate 35 has considered the bearing, if any, the criminal offense or offenses for 36 which the person was convicted will have on the applicant's fitness or 37 ability to operate a bus transporting school children to the applicant's 38 prospective employment, prior to granting such a certificate; or 39 (ii) has been convicted of an offense listed in paragraph (a) of 40 subdivision four of this section that was committed on or after Septem- 41 ber fifteenth, nineteen hundred eighty-five. However, such disqualifica- 42 tion may be waived by the commissioner provided that five years have 43 expired since the applicant was discharged or released from a sentence 44 of imprisonment imposed pursuant to conviction of an offense that 45 requires disqualification under this paragraph and that the applicant 46 shall have been granted a certificate of [relief from disabilities or a47certificate of good conduct] restoration pursuant to article twenty- 48 three of the correction law. When the certificate is issued by a court 49 for a conviction which occurred in this state, it shall only be issued 50 by the court having jurisdiction over such conviction. Such certificate 51 shall specifically indicate that the authority granting such certificate 52 has considered the bearing, if any, the criminal offense or offenses for 53 which the person was convicted will have on the applicant's fitness or 54 ability to operate a bus transporting school children, prior to granting 55 such a certificate; orA. 4136 22 1 (iii) has been convicted of an offense listed in paragraph (b) of 2 subdivision four of this section that was committed on or after Septem- 3 ber fifteenth, nineteen hundred eighty-five. However, such disqualifica- 4 tion shall be waived provided that five years have expired since the 5 applicant discharged or released from a sentence of imprisonment imposed 6 pursuant to conviction of an offense that requires disqualification 7 under this paragraph and that the applicant shall have been granted a 8 certificate of [relief from disabilities or a certificate of good9conduct] restoration pursuant to article twenty-three of the correction 10 law. When the certificate is issued by a court for a conviction which 11 occurred in this state, it shall only be issued by the court having 12 jurisdiction over such conviction. Such certificate shall specifically 13 indicate that the authority granting such certificate has considered the 14 bearing, if any, the criminal offense or offenses for which the person 15 was convicted will have on the applicant's fitness or ability to operate 16 a bus transporting school children, prior to granting such a certif- 17 icate. Provided, however, that at the discretion of the commissioner, 18 the certificate of relief from disabilities may remove disqualification 19 at any time; or 20 (i) has been convicted within the preceding five years of an offense 21 listed in paragraph (c) of subdivision four of this section that was 22 committed on or after September fifteenth, nineteen hundred eighty-five. 23 However, such disqualification shall be waived provided that the appli- 24 cant has been granted a certificate of [relief from disabilities or a25certificate of good conduct] restoration pursuant to article twenty- 26 three of the correction law. When the certificate is issued by a court 27 for a conviction which occurred in this state, it shall only be issued 28 by the court having jurisdiction over such conviction. Such certificate 29 shall specifically indicate that the authority granting such certificate 30 has considered the bearing, if any, the criminal offense or offenses for 31 which the person was convicted will have on the applicant's fitness or 32 ability to operate a bus transporting school children, prior to granting 33 such a certificate; 34 (a) permanently, if that person has been convicted of an offense list- 35 ed in paragraph (a) of subdivision four of this section. However, such 36 disqualification may be waived by the commissioner provided that five 37 years have expired since the applicant was discharged or released from a 38 sentence of imprisonment imposed pursuant to conviction of an offense 39 that requires disqualification under this paragraph and that the appli- 40 cant shall have been granted a certificate of [relief from disabilities41or a certificate of good conduct] restoration pursuant to article twen- 42 ty-three of the correction law. When the certificate is issued by a 43 court for a conviction which occurred in this state, it shall only be 44 issued by the court having jurisdiction over such conviction. Such 45 certificate shall specifically indicate that the authority granting such 46 certificate has considered the bearing, if any, the criminal offense or 47 offenses for which the person was convicted will have on the applicant's 48 fitness or ability to operate a bus transporting school children to the 49 applicant's prospective employment, prior to granting such a certif- 50 icate. 51 (b) permanently, if that person has been convicted of an offense list- 52 ed in paragraph (b) of subdivision four of this section. However, such 53 disqualification shall be waived provided that five years have expired 54 since the applicant was incarcerated pursuant to a sentence of imprison- 55 ment imposed on conviction of an offense that requires disqualification 56 under this paragraph and that the applicant shall have been granted aA. 4136 23 1 certificate of [relief from disabilities or a certificate of good2conduct] restoration pursuant to article twenty-three of the correction 3 law. When the certificate is issued by a court for a conviction which 4 occurred in this state, it shall only be issued by the court having 5 jurisdiction over such conviction. Such certificate shall specifically 6 indicate that the authority granting such certificate has considered the 7 bearing, if any, the criminal offense or offenses for which the person 8 was convicted will have on the applicant's fitness or ability to operate 9 a bus transporting school children, prior to granting such a certif- 10 icate. Provided, however, that at the discretion of the commissioner the 11 certificate of [relief from disabilities or a certificate of good12conduct] restoration pursuant to article twenty-three of the correction 13 law may remove disqualification at any time. 14 (i) has been convicted within the preceding five years of an offense 15 listed in paragraph (c) of subdivision four of this section. However, 16 notwithstanding the provisions of subdivision three of section seven 17 hundred one of the correction law[. Such], such disqualification shall 18 be waived provided that the applicant has been granted a certificate of 19 [relief from disabilities or a certificate of good conduct] restoration 20 pursuant to article twenty-three of the correction law. When the certif- 21 icate is issued by a court for a conviction which occurred in this 22 state, it shall only be issued by the court having jurisdiction over 23 such conviction. Such certificate shall specifically indicate that the 24 authority granting such certificate has considered the bearing, if any, 25 the criminal offense or offenses for which the person was convicted will 26 have on the applicant's fitness or ability to operate a bus transporting 27 school children, prior to granting such a certificate. 28 § 44. Subparagraph (iii) of paragraph d of subdivision 6 of section 29 510 of the vehicle and traffic law, as amended by section 29 of part LL 30 of chapter 56 of the laws of 2010, is amended to read as follows: 31 (iii) after such documentation, if required, is accepted, that such 32 person is granted a certificate of [relief from disabilities or a33certificate of good conduct] restoration pursuant to article twenty- 34 three of the correction law by the court in which such person was last 35 penalized. 36 § 45. Subparagraph (iii) of paragraph (c) of subdivision 2 of section 37 510-a of the vehicle and traffic law, as amended by section 30 of part 38 LL of chapter 56 of the laws of 2010, is amended to read as follows: 39 (iii) after such documentation, if required, is accepted, that such 40 person is granted a certificate of [relief from disabilities or a41certificate of good conduct] restoration pursuant to article twenty- 42 three of the correction law by the court in which such person was last 43 penalized. 44 § 46. Subdivision 5 of section 530 of the vehicle and traffic law, as 45 amended by section 31 of part LL of chapter 56 of the laws of 2010, is 46 amended to read as follows: 47 (5) A restricted use license or privilege shall be valid for the oper- 48 ation of any motor vehicle, except a vehicle for hire as a taxicab, 49 livery, coach, limousine, van or wheelchair accessible van or tow truck 50 as defined in this chapter subject to the conditions set forth herein, 51 which the holder would otherwise be entitled to operate had his drivers 52 license or privilege not been suspended or revoked. Notwithstanding 53 anything to the contrary in a certificate of [relief from disabilities54or a certificate of good conduct] restoration issued pursuant to article 55 twenty-three of the correction law, a restricted use license shall not 56 be valid for the operation of a commercial motor vehicle. A restrictedA. 4136 24 1 use license shall not be valid for the operation of a vehicle for hire 2 as a taxicab, livery, coach, limousine, van or wheelchair accessible van 3 or tow truck where the holder thereof had his or her drivers license 4 suspended or revoked and (i) such suspension or revocation is mandatory 5 pursuant to the provisions of subdivision two or two-a of section five 6 hundred ten of this title; or (ii) any such suspension is permissive for 7 habitual or persistent violations of this chapter or any local law 8 relating to traffic as set forth in paragraph d or i of subdivision 9 three of section five hundred ten of this title; or (iii) any such 10 suspension is permissive and has been imposed by a magistrate, justice 11 or judge of any city, town or village, any supreme court justice, any 12 county judge, or judge of a district court. Except for a commercial 13 motor vehicle as defined in subdivision four of section five hundred 14 one-a of this title, the restrictions on types of vehicles which may be 15 operated with a restricted license contained in this subdivision shall 16 not be applicable to a restricted license issued to a person whose 17 license has been suspended pursuant to paragraph three of subdivision 18 four-e of section five hundred ten of this title. 19 § 47. Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of 20 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 21 by section 32 of part LL of chapter 56 of the laws of 2010, is amended 22 to read as follows: 23 (ii) that such person is granted a certificate of [relief from disa-24bilities or a certificate of good conduct] restoration pursuant to arti- 25 cle twenty-three of the correction law. 26 Provided, however, that the commissioner may, on a case by case basis, 27 refuse to restore a license which otherwise would be restored pursuant 28 to this item, in the interest of the public safety and welfare. 29 § 48. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of 30 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 31 by section 33 of part LL of chapter 56 of the laws of 2010, is amended 32 to read as follows: 33 (iii) after such documentation is accepted, that such person is grant- 34 ed a certificate of [relief from disabilities or a certificate of good35conduct] restoration pursuant to article twenty-three of the correction 36 law. 37 § 49. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193 38 of the vehicle and traffic law, as amended by section 34 of part LL of 39 chapter 56 of the laws of 2010, is amended to read as follows: 40 (1) Notwithstanding anything to the contrary contained in a certif- 41 icate of [relief from disabilities or a certificate of good conduct] 42 restoration issued pursuant to article twenty-three of the correction 43 law, where a suspension or revocation, other than a revocation required 44 to be issued by the commissioner, is mandatory pursuant to paragraph (a) 45 or (b) of this subdivision, the magistrate, justice or judge shall issue 46 an order suspending or revoking such license upon sentencing, and the 47 license holder shall surrender such license to the court. Except as 48 hereinafter provided, such suspension or revocation shall take effect 49 immediately. 50 § 50. Item (iii) of clause a of subparagraph 3 of paragraph (e) of 51 subdivision 2 of section 1193 of the vehicle and traffic law, as amended 52 by section 35 of part LL of chapter 56 of the laws of 2010, is amended 53 to read as follows: 54 (iii) after such documentation is accepted, that such person is grant- 55 ed a certificate of [relief from disabilities or a certificate of goodA. 4136 25 1conduct] restoration pursuant to article twenty-three of the correction 2 law. 3 § 51. Item (iii) of clause c of subparagraph 1 of paragraph (d) of 4 subdivision 2 of section 1194 of the vehicle and traffic law, as amended 5 by section 37 of part LL of chapter 56 of the laws of 2010, is amended 6 to read as follows: 7 (iii) after such documentation is accepted, that such person is grant- 8 ed a certificate of [relief from disabilities or a certificate of good9conduct] restoration pursuant to article twenty-three of the correction 10 law by the court in which such person was last penalized. 11 § 52. Paragraph (g) of subdivision 7 of section 1196 of the vehicle 12 and traffic law, as amended by section 38 of part LL of chapter 56 of 13 the laws of 2010, is amended to read as follows: 14 (g) Notwithstanding anything to the contrary contained in a certif- 15 icate of [relief from disabilities or a certificate of good conduct] 16 restoration issued pursuant to article twenty-three of the correction 17 law, any conditional license or privilege issued to a person convicted 18 of a violation of any subdivision of section eleven hundred ninety-two 19 of this article shall not be valid for the operation of any commercial 20 motor vehicle. In addition, no such conditional license or privilege 21 shall be valid for the operation of a taxicab as defined in this chap- 22 ter. 23 § 53. Whenever the term "certificate of good conduct" or "certificate 24 of relief from disabilities" or any equivalent expression thereof is 25 used in any provision of law, either such term shall be deemed to mean 26 and refer to a certificate of restoration as established in this act. 27 § 54. Any certificate of relief from disabilities or certificate of 28 good conduct issued prior to the effective date of this act shall be 29 deemed the equivalent of a certificate of restoration and shall remain 30 in full force and effect on and after the effective date of this act. 31 Nothing in this act shall be read to invalidate a certificate of relief 32 from disabilities or a certificate of good conduct issued prior to the 33 effective date of this act. 34 § 55. This act shall take effect on the ninetieth day after it shall 35 have become a law, provided that the amendments to subdivision 5 of 36 section 530 of the vehicle and traffic law made by section forty-six of 37 this act shall not affect the expiration of such subdivision and shall 38 be deemed to expire therewith.
