Summary of the Certificate Equivalency Bill Signed Into Law on June 22, 2010

Summary of the Certificate Equivalency Bill Signed Into Law on June 22, 2010

 

The Certificate Equivalency Bill, which was included in the 2010-2011 budget and signed into law by Governor Paterson on June 22, 2010, makes changes to many different sections of the law to ensure that either Certificates of Relief from Disabilities (CRDs) or Certificates of Good Conduct (CGCs) are accepted for the purpose of overcoming barriers to obtaining employment and occupational licenses.    The following chart lists all the provisions of law that were amended.

 

 

Occupation(s)

Overview (Changes in bold)

Statute

Agency

Notary Public

Individual with felony conviction ineligible to solicit, collect, or receive dues, assessments, levies, fines or contributions for/on behalf of any labor organization that represents employees licensed under this Act, unless s/he received a governor’s pardon or a CGC or CRD.

S. 1

NY CLS Exec. § 130

Dept. of State

Solicitation for charitable purposes

Can enjoin anyone engaged in solicitation who has been convicted in NY or elsewhere of a felony or of a misdemeanor involving misappropriation, misapplication or misuse of money or property of another who has not received a governor’s pardon, CGC or CRD.

S. 2

NY CLS Exec. § 175(3)

 

Alcoholic Beverage Wholesaler/Manufacturer/Retailer

Individuals with felony conviction or certain misdemeanors ineligible for liquor license or to be employed at a business with a liquor license unless s/he received a governor’s pardon or CGC or CRD.

S. 3

NY CLS Al. Bev. Con. §102(2)

State Liquor Authority

Disposal Plant or Transportation Service Operator

Individual with felony or enumerated offense conviction may be denied rendering plants license appointment unless s/he received a governor’s pardon or a CGC or CRD.

S. 4

NY CLS Agr. & M. § 96-z-3(4)

Dept of Agri & Mkts

Commercial Feed Mftr/Distributor

Individual with felony or enumerated offense conviction may be denied a license to work in distribution of commercial feed appointment unless s/he received a governor’s pardon or a CGC or CRD.

S. 5

NY CLS Agr. & M. § 129 (4)(d)

Dept. of Agri & Mkts

Check Cashier

The superintendent shall not issue a license if the applicant or any person who is a director, officer, partner, agent, employee or substantial stockholder of the applicant, has been convicted of a felony,unless s/he has been pardoned or received a CRD or CGC.

S. 6

NY CLS Banking L. §369(6)(b)

State Banking Dept.

N/A

Person previously sentenced to determinate term of life not barred from getting a CGC or CRD.

S. 7

NY CLS Civ. Rights §79-a(4)

N/A

N/A

Absentee ballot for school district elections contains certification that individual has not been convicted of bribery or any infamous crime, or if so has been pardoned, received of CGC or CRD.

S. 8 & 9

NY CLS Educ. § 2018-a(5)(b); b(6)(b)

N/A

N/A

Absentee ballot for town elections contains certification that individual has not been convicted of bribery or any infamous crime, or if so has been pardoned, received of CGC or CRD.

S. 10 -12

NY CLS Town L. § 84-a(5)(b); 175b(5)(b); 213-b(5)(b)

N/A

Private Investigator, bail enforcement agent, watch, guard, patrol agency

Individual with felony conviction ineligible for private investigator, bail enforcement agent, watch, guard, and patrol agency license unless s/he received an executive pardon or a CGC or CRD.

S. 13

NY CLS GBL § 74(2)(h)

Dept. of State

Private Investigator or bail enforcement agent

Individual with felony convictions ineligible to work for private detective or investigator or bail enforcement agent unless s/he received an executive pardon or a CGC or CRD.

S. 14

NY CLS GBL §81(1)

Dept of State

Operator of Games of Chance

Individual with criminal conviction ineligible for license to conduct games of chance unless pardoned, has CGC or CRD.

S. 15

NY CLS Gen. Mun. L. §191(1)(a)

State Racing & Wagering Bd

NYC – Dept of Consumer Affairs

Lessor to Bingo Operator

Individual, firm or corporation, other than licensee, with felony conviction ineligible to be authorized commercial lessor unless s/he received a pardon or a CGC or CRD.

S. 16

NY CLS Gen. Mun. L. §476 (9)(a)

State Racing & Wagering Bd.

NYC: Consumer Affairs

Bingo Operator

Individual who has ever been convicted of a crime ineligible for license to conduct bingo unless s/he received a pardon or a CGC or CRD.

S. 17

NY CLS Gen. Mun. L. §481(1)(a)

State Racing & Wagering Bd

NYC: Consumer Affairs

Public Adjuster

Individual with felony convictions ineligible for insurance adjuster license for five years unless s/he received an executive pardon or a CGC or CRD.

S. 18

NY CLS Ins. §2108(d)(4)

State Ins Dept

Employee of Employee Welfare Fund

Individual with felony may not work as a trustee, administrator, officer, agent or employee of any employee welfare fund for five years after conviction unless s/he received governor’s pardon or CRD or CGC

S. 19

NY CLS Ins. §4413(c)(1)

 

N/A

Hospital will not be issued operating certificate if person “controlling” the operating certificate has been convicted of an A, B or C felony or felony related to any activity in connection w/ dept. of social services or in violation of public officer’s law unless controlling person has pardon, CRD or CGC.

(“Controlling person” = anyone with a direct or indirect ownership interest that gives him/her the ability to either alone or in conjunction with other owners to direct management or policy of hospital)

S. 20

NY CLS Pub. Health L. §2806(5)(a)

N/A

Nursing Home Administrator

Individual with felony convictions ineligible to practice nursing home administration; however, an executive pardon or a CGC or CRD gives the board discretion to grant a license.

S. 21

NY CLS Pub. Health L. §2897(2)(c)

Dept of Health

Funeral Director

Individual with felony conviction ineligible to practice as funeral directors; however, an executive pardon or a CGC or CRD gives the commissioner discretion to grant a license.

S. 22

NY CLS Pub. Health L. §3454

Dept of Health

Real Estate Broker/Salesperson

Individual with felony conviction ineligible for real estate broker/salesman licenses unless s/he received an executive pardon or a CGC or CRD.

S. 23

NY CLS Real P. L. §440-a

Secretary of State

Distribution of Motor Fuel

Individual with felony or enumerated offense conviction ineligible to work in distribution of motor fuel appointment unless s/he received an executive or governor’s pardon or a CGC or CRD.

S. 24

NY CLS Tax L. §283(8)(c)

 

Bus Driver

Individual who has bus driver license permanently revoked after conviction for enumerated sexual offenses may have license reinstated after five-year waiting period from sentence completion if s/he has CRD or CGC.

S. 25 & 26

NY CLS Veh. & Tr. §509-c(1)(a); c(2)(a)

Dept of Motor Vehicles

School Bus Driver

Individual who has school bus driver license permanently revoked after conviction for enumerated sexual offenses may have such reinstated after five-year waiting period from sentence completion if s/he has CRD or CGC.

S. 27 & 28

NY CLS Veh. & Tr. §509-cc

Dept of Motor Vehicles

Commercial Driver

Permanent revocation of commercial drivers license after conviction for enumerated offenses may be reinstated after 10-year waiting period from sentence completion if s/he has CRD or CGC.

S. 29 & 30

NY CLS Veh. & Tr. §510(6)(d)(iii); a(2)(c)(iii)

Dept. of Motor Vehicles

Commercial Driver

Notwithstanding anything to the contrary in a CRD or CGC issued, a restricted use license shall not be valid for the operation of a commercial motor vehicle.

S. 31

NY CLS Veh. & Tr. §530(5)

Dept. of Motor Vehicles

N/A

Individual who has license revoked permanently after alcohol- or drug-related convictions may have license reinstated if s/he has CRD or CGC and such is consistent with public safety and welfare.

S. 32-36

NY CLS Veh. & Tr. §1193

Dept of Motor Vehicles

N/A

Individual who has license revoked permanently after alcohol- or drug-related accident may have license reinstated after ten-year waiting period if s/he has CRD or CGC.

S. 37

NY CLS Veh. & Tr. §1194(2)(d)(1)(c)(iii)

Dept of Motor Vehicles

Commercial Driver

Individual who has restricted use license because of alcohol- or drug-related incident cannot operating a commercial motor vehicle, notwithstanding anything contrary in a CRD or CGC.

S. 38

NY CLS Veh. & Tr. §1196(7)(g)

Dept of Motor Vehicles

 

 

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