Bill Text: NY A04526 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the denial of an application for a license to install, service or maintain security or fire alarm systems submitted by persons convicted of certain felonies; increases the period of a license suspension.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A04526 Detail]

Download: New_York-2023-A04526-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4526

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2023
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Economic Development

        AN ACT to amend the general business law, in relation to the  denial  of
          an  application for a license to install, service or maintain security
          or fire alarm systems submitted by persons convicted of certain  felo-
          nies and increasing the period of a license suspension

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (c) of subdivision  2  of  section  69-o  of  the
     2  general  business law, as amended by chapter 575 of the laws of 1993, is
     3  amended to read as follows:
     4    (c) A conviction for which a certificate of relief  from  disabilities
     5  or  a  certificate  of  good  conduct  has  been  issued pursuant to the
     6  correction law.
     7    The division of criminal justice services shall retain the fingerprint
     8  cards and return the report of such convictions  or  pending  cases,  if
     9  any,  to  the secretary of state who shall retain them in a confidential
    10  file for no more than one year, after which time such  report  shall  be
    11  destroyed.
    12    The  secretary  of  state shall deny the application of any individual
    13  convicted in this state or any other state or  territory  of  a  felony,
    14  which  in  the discretion of such secretary, bears a relationship to the
    15  performance of the duties of an alarm  installer;  or  involving  fraud,
    16  bribery,  perjury  or  theft  pursuant to article one hundred forty, one
    17  hundred fifty-five, one  hundred  sixty,  one  hundred  sixty-five,  one
    18  hundred  seventy, one hundred seventy-five, one hundred seventy-six, one
    19  hundred eighty, one hundred eighty-five, one hundred ninety, one hundred
    20  ninety-five, two hundred or two hundred ten of the penal law; or  has  a
    21  criminal  action  which has been pending for such a felony for under one
    22  year without a final disposition unless adjourned  in  contemplation  of
    23  dismissal;  provided,  however,  that  for the purposes of this article,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03222-01-3
        A. 4526                             2

     1  none of the  following  shall  be  considered  criminal  convictions  or
     2  reported as such:
     3    (i)  A  conviction  which  has been vacated and replaced by a youthful
     4  offender finding pursuant to article seven hundred twenty of the  crimi-
     5  nal  procedure  law,  or  the  applicable provisions of law of any other
     6  jurisdiction; or
     7    (ii) A conviction the records of which have been  expunged  or  sealed
     8  pursuant  to  the  applicable provisions of the laws of this state or of
     9  any other jurisdiction; or
    10    (iii) A conviction for which a certificate of relief from disabilities
    11  or a certificate of  good  conduct  has  been  issued  pursuant  to  the
    12  correction law.
    13    §  2.  Subdivision  2  of section 69-s of the general business law, as
    14  amended by chapter 575 of the laws  of  1993,  is  amended  to  read  as
    15  follows:
    16    2.  Whenever  the  license  to  engage  in the business of installing,
    17  servicing or maintaining security or fire alarm systems is revoked, such
    18  license shall not be reinstated or reissued until after  the  expiration
    19  of a period of at least five years from the date of such revocation.
    20    §  3.  This  act shall take effect on the thirtieth day after it shall
    21  have become a law. Effective immediately the addition, amendment  and/or
    22  repeal  of  any  rule  or regulation necessary for the implementation of
    23  this act on its effective date are authorized to be made  and  completed
    24  on or before such date.