Bill Text: NY A05702 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the general business law, in relation to regulating document destruction contractors

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A05702 Detail]

Download: New_York-2009-A05702-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5702
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 17, 2009
                                      ___________
       Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
         tee on Governmental Operations
       AN ACT to amend the general business  law,  in  relation  to  regulating
         document destruction contractors
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 899-bbb of  the  general  business
    2  law,  as added by chapter 679 of the laws of 2007, is amended to read as
    3  follows:
    4    4. The secretary of state may refuse to issue a  registration  to  any
    5  person,  firm  or corporation whom he or she finds has been convicted of
    6  any crime, or failed to pay any final civil judgment, relating  to  work
    7  as  a  document  destruction  contractor,  PROVIDED  THAT IN DETERMINING
    8  WHETHER TO REFUSE TO ISSUE OR RENEW A REGISTRATION TO A PERSON  WHO  HAS
    9  BEEN  CONVICTED  OF  A  CRIME,  THE  SECRETARY  OF STATE SHALL APPLY THE
   10  PROVISIONS OF ARTICLE TWENTY-THREE-A OF  THE  CORRECTION  LAW,  if  such
   11  refusal  will,  in  the judgment of the secretary of state, best promote
   12  the interests of the people of this state.
   13    S 2. Subparagraph (iii) of paragraph (c) of subdivision 12 of  section
   14  899-bbb of the general business law, as added by chapter 679 of the laws
   15  of 2007, is amended to read as follows:
   16    (iii)  that  the  applicant  or registrant has made [a] AN INTENTIONAL
   17  material misstatement in the application for or renewal of  his  or  her
   18  registration;
   19    S 3. Subdivision 16 of section 899-bbb of the general business law, as
   20  added by chapter 679 of the laws of 2007, is amended to read as follows:
   21    16.  The  department,  acting  by  the  office or person designated to
   22  conduct the hearing pursuant to subdivision fourteen of this section  or
   23  by  such  other  officer or person in the department as the secretary of
   24  state may designate, shall have the power to suspend the registration of
   25  any registrant who has been convicted in this state or any  other  state
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08613-01-9
       A. 5702                             2
    1  or  territory  of  a felony or of any misdemeanor WHILE REGISTERED UNDER
    2  THIS ARTICLE for a period not exceeding thirty days  pending  a  hearing
    3  and  a determination of charges made against him or her. If such hearing
    4  is  adjourned  at the request of the registrant, or by reason of any act
    5  or omission by him or her or on his or her behalf, such  suspension  may
    6  be continued for the additional period of such adjournment.
    7    S 4. This act shall take effect immediately.