S T A T E   O F   N E W   Y O R K
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                                  10828

                          I N  A S S E M B L Y

                             April 23, 2010
                               ___________

Introduced  by  M. of A. TEDISCO, KOLB, OAKS, THIELE, MOLINARO -- Multi-
  Sponsored by -- M. of A. BUTLER, CALHOUN,  CROUCH,  McKEVITT  --  read
  once and referred to the Committee on Children and Families

AN  ACT  to amend the executive law, in relation to requiring a criminal
  history check for child care employees and volunteers

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

  Section  1. The executive law is amended by adding a new section 837-s
to read as follows:
  S 837-S. REQUESTS FOR CRIMINAL HISTORY INFORMATION CONCERNING NEW  AND
PROSPECTIVE CHILD CARE EMPLOYEES. 1. AN EMPLOYER AND VOLUNTEER ORGANIZA-
TION SHALL REQUEST AND ARE AUTHORIZED TO RECEIVE FROM THE DIVISION CRIM-
INAL  HISTORY  INFORMATION  CONCERNING EACH NEW AND PROSPECTIVE EMPLOYEE
AND VOLUNTEER WHO IN CONNECTION WITH SUCH EMPLOYMENT FOR SERVICE WILL BE
IN CONTACT WITH PERSONS UNDER  THE  AGE  OF  EIGHTEEN,  SUBJECT  TO  THE
FOLLOWING RESTRICTIONS:
  (A)  AN  EMPLOYER OR VOLUNTEER ORGANIZATION SHALL DESIGNATE ONE PERSON
WHO SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW CRIMINAL  HISTORY
INFORMATION,  AND  ONLY  SUCH PERSON AND THE NEW OR PROSPECTIVE EMPLOYEE
AND VOLUNTEER WHO IN CONNECTION WITH SUCH EMPLOYMENT FOR SERVICE WILL BE
IN CONTACT WITH PERSONS UNDER THE AGE OF EIGHTEEN TO WHICH THE  CRIMINAL
HISTORY  INFORMATION  RELATES  SHALL  HAVE  ACCESS  TO SUCH INFORMATION;
PROVIDED, HOWEVER, THAT CRIMINAL HISTORY INFORMATION MAY BE DISCLOSED TO
OTHER PERSONNEL AUTHORIZED BY THE EMPLOYER OR VOLUNTEER ORGANIZATION WHO
ARE EMPOWERED BY SUCH EMPLOYER OR VOLUNTEER ORGANIZATION TO MAKE  HIRING
DECISIONS  CONCERNING  NEW  OR  PROSPECTIVE  EMPLOYEES OR VOLUNTEERS AND
PROVIDED FURTHER THAT SUCH OTHER PERSONNEL SHALL ALSO BE SUBJECT TO  THE
CONFIDENTIALITY  REQUIREMENTS  AND ALL OTHER PROVISIONS OF THIS ARTICLE.
AN EMPLOYER OR VOLUNTEER ORGANIZATION SHALL NOTIFY THE DIVISION OF  EACH
PERSON  AUTHORIZED TO HAVE ACCESS TO CRIMINAL HISTORY INFORMATION PURSU-
ANT TO THIS SECTION;
  (B) AN EMPLOYER OR VOLUNTEER ORGANIZATION REQUESTING CRIMINAL  HISTORY
INFORMATION  PURSUANT  TO  THIS SECTION SHALL DO SO BY COMPLETING A FORM
DEVELOPED FOR SUCH PURPOSE BY THE DIVISION.  SUCH FORM SHALL  INCLUDE  A

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

                                                           LBD15876-01-0

A. 10828                            2

SWORN  STATEMENT  OF  THE PERSON DESIGNATED BY THE EMPLOYER OR VOLUNTEER
ORGANIZATION TO REQUEST, RECEIVE AND REVIEW CRIMINAL HISTORY INFORMATION
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION CERTIFYING  THAT  (I)  THE
PERSON  WHOSE CRIMINAL HISTORY INFORMATION IS REQUESTED IS NOT PRESENTLY
BUT HAS APPLIED TO BE AN EMPLOYEE OR VOLUNTEER, OR IS A NEW EMPLOYEE  OR
VOLUNTEER;  (II)  SUCH  CRIMINAL HISTORY INFORMATION WILL BE USED BY THE
EMPLOYER OR VOLUNTEER ORGANIZATION SOLELY  FOR  PURPOSES  AUTHORIZED  BY
THIS  ARTICLE;  AND (III) THE EMPLOYER OR VOLUNTEER ORGANIZATION AND ITS
STAFF ARE AWARE OF AND SHALL ABIDE BY THE  CONFIDENTIALITY  REQUIREMENTS
AND ALL OTHER PROVISIONS OF THIS ARTICLE;
  (C) THE PERSON DESIGNATED BY AN EMPLOYER OR VOLUNTEER ORGANIZATION FOR
RECEIPT  OF  CRIMINAL  HISTORY  INFORMATION PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION SHALL  UPON  RECEIPT  IMMEDIATELY  MARK  SUCH  CRIMINAL
HISTORY INFORMATION "CONFIDENTIAL", AND SHALL AT ALL TIMES MAINTAIN SUCH
CRIMINAL HISTORY INFORMATION IN A SECURE PLACE.  ANY PERSON WHO WILLFUL-
LY  PERMITS THE RELEASE OF ANY CONFIDENTIAL CRIMINAL HISTORY INFORMATION
CONTAINED IN THE REPORT TO PERSONS NOT  PERMITTED  BY  THIS  ARTICLE  TO
RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A MISDEMEANOR.
  2.  NOTWITHSTANDING SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED THIR-
TY-SEVEN OF THIS ARTICLE THERE SHALL BE NO FEE CHARGED TO AN EMPLOYER OR
VOLUNTEER ORGANIZATION OR AN EMPLOYEE OR VOLUNTEER  FOR  A  REQUEST  FOR
CRIMINAL  HISTORY INFORMATION SUBMITTED TO THE DIVISION PURSUANT TO THIS
SECTION.
  3. TO THE EXTENT PERMITTED BY LAW, AN EMPLOYER OR VOLUNTEER  ORGANIZA-
TION  MAY  REQUEST  FROM  A  NEW  OR PROSPECTIVE EMPLOYEE OR VOLUNTEER A
STATEMENT OF HIS OR HER PRIOR CRIMINAL CONVICTIONS IN THIS STATE OR  ANY
OTHER  JURISDICTION.  PRIOR  TO  REQUESTING CRIMINAL HISTORY INFORMATION
CONCERNING ANY NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER,  EACH  EMPLOYER
OR VOLUNTEER ORGANIZATION SHALL:
  (A)  INFORM  THE  NEW  OR PROSPECTIVE EMPLOYEE OR VOLUNTEER IN WRITING
THAT THE EMPLOYER OR VOLUNTEER ORGANIZATION IS REQUIRED TO  REQUEST  HIS
OR  HER  CRIMINAL  HISTORY INFORMATION FROM THE DIVISION AND REVIEW SUCH
INFORMATION PURSUANT TO THIS SECTION;
  (B) INFORM THE NEW OR PROSPECTIVE EMPLOYEE OR  VOLUNTEER  THAT  BEFORE
THE  EMPLOYER  OR  VOLUNTEER ORGANIZATION REQUESTS SUCH CRIMINAL HISTORY
INFORMATION, THE NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER HAS THE  RIGHT
TO  OBTAIN,  REVIEW  AND  SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY
INFORMATION PURSUANT TO REGULATIONS AND PROCEDURES  ESTABLISHED  BY  THE
DIVISION;
  (C)  OBTAIN  THE  SIGNED  INFORMED  CONSENT  OF THE NEW OR PROSPECTIVE
EMPLOYEE OR VOLUNTEER ON A FORM SUPPLIED BY THE DIVISION WHICH INDICATES
THAT SUCH PERSON HAS:
  (I) BEEN INFORMED OF THE RIGHT AND  PROCEDURES  NECESSARY  TO  OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
  (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION;
  (III) CONSENTED TO SUCH REQUEST; AND
  (D)  UPON  RECEIVING  SUCH WRITTEN CONSENT, OBTAIN THE FINGERPRINTS OF
SUCH NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER  PURSUANT  TO  REGULATIONS
ESTABLISHED BY THE DIVISION.
  4.  A  NEW  OR PROSPECTIVE EMPLOYEE OR VOLUNTEER MAY WITHDRAW FROM THE
APPLICATION PROCESS, WITHOUT PREJUDICE, AT ANY TIME REGARDLESS OF WHETH-
ER OR NOT HE OR SHE HAS REVIEWED HIS OR HER CRIMINAL HISTORY INFORMATION
OR THE EMPLOYER OR VOLUNTEER ORGANIZATION HAS RECEIVED CRIMINAL  HISTORY
INFORMATION.  WHERE A NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER WITHDRAWS
FROM THE APPLICATION PROCESS,  ANY  FINGERPRINTS  AND  CRIMINAL  HISTORY

A. 10828                            3

INFORMATION  CONCERNING  SUCH  NEW  OR PROSPECTIVE EMPLOYEE OR VOLUNTEER
RECEIVED BY THE EMPLOYER OR VOLUNTEER ORGANIZATION SHALL BE  IMMEDIATELY
RETURNED  TO SUCH NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER BY THE PERSON
DESIGNATED FOR RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO PARA-
GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
  5.  IN  ALL  CASES  THE  FINGERPRINTS AND CRIMINAL HISTORY INFORMATION
CONCERNING A NEW OR PROSPECTIVE EMPLOYEE OR  VOLUNTEER  SHALL  BE  IMME-
DIATELY  RETURNED TO SUCH PERSON BY THE PERSON DESIGNATED FOR RECEIPT OF
CRIMINAL HISTORY INFORMATION UPON THE DENIAL OF EMPLOYMENT OR  VOLUNTARY
SERVICES  OR  TERMINATION  OF  EMPLOYMENT  OR VOLUNTARY SERVICES OF SUCH
EMPLOYEE OR VOLUNTEER.
  6. THE DIVISION SHALL PROVIDE REQUESTED CRIMINAL  HISTORY  INFORMATION
AND  RETURN FINGERPRINTS TO AN EMPLOYER OR VOLUNTEER ORGANIZATION WITHIN
FIFTEEN BUSINESS DAYS AFTER THE RECEIPT OF A REQUEST FOR CRIMINAL HISTO-
RY INFORMATION IF SUCH REQUEST IS:
  (A) MADE BY THE PERSON DESIGNATED BY THE EMPLOYER OR VOLUNTEER  ORGAN-
IZATION  FOR  RECEIPT  OF CRIMINAL HISTORY INFORMATION PURSUANT TO PARA-
GRAPH (A) OF SUBDIVISION ONE OF THIS  SECTION  AND  ACCOMPANIED  BY  THE
CERTIFICATION  REQUIRED  BY  PARAGRAPH  (B)  OF  SUBDIVISION ONE OF THIS
SECTION;
  (B) ACCOMPANIED BY THE COMPLETED FORM DESCRIBED IN  PARAGRAPH  (C)  OF
SUBDIVISION THREE OF THIS SECTION; AND
  (C)  ACCOMPANIED BY FINGERPRINTS OF THE NEW OR PROSPECTIVE EMPLOYEE OR
VOLUNTEER OBTAINED PURSUANT TO PARAGRAPH (D)  OF  SUBDIVISION  THREE  OF
THIS SECTION.
  7.  THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION,  WHICH  SHALL  INCLUDE
CONVENIENT  PROCEDURES  FOR NEW AND PROSPECTIVE EMPLOYEES AND VOLUNTEERS
TO PROMPTLY VERIFY THE ACCURACY OF THEIR  CRIMINAL  HISTORY  INFORMATION
AND,  TO  THE EXTENT AUTHORIZED BY LAW, TO HAVE ACCESS TO RELEVANT DOCU-
MENTS RELATED THERETO.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.