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

                                  8046

                            I N  S E N A T E

                              June 3, 2010
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

AN ACT to amend the social  services  law  and  the  executive  law,  in
  relation  to  the provision of criminal history background checks free
  of charge to mentoring  programs  operated  by  not-for-profit  corpo-
  rations

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

  Section 1. Subdivision 4 of section 390-e of the social services  law,
as  added  by  chapter  459  of  the laws of 2006, is amended to read as
follows:
  4. Every mentoring program that chooses to apply for a criminal histo-
ry background check with the division of criminal justice services shall
obtain a set of fingerprints from each individual for  whom  a  criminal
background  check  is  to  be completed and such other information as is
required by the office and the division of  criminal  justice  services.
For  each  prospective employee or mentor for whom the mentoring program
completes a criminal  background  check,  the  mentoring  program  shall
provide  the applicant with blank fingerprint cards and a description of
how the completed fingerprint card will be used upon submission  to  the
mentoring  program.  The  mentoring program shall promptly transmit such
fingerprint card and the processing fee to the office; PROVIDED,  HOWEV-
ER,  IF  THE  MENTORING  PROGRAM  IS OPERATED BY A NOT-FOR-PROFIT CORPO-
RATION, NO PROCESSING FEE SHALL BE IMPOSED  FOR  A  CRIMINAL  BACKGROUND
CHECK.  The  office  shall  promptly submit the fingerprint card and the
processing fee, IF imposed pursuant to subdivision  eight-a  of  section
eight  hundred  thirty-seven  of  the  executive law, to the division of
criminal justice services for its full search and retain processing.
  S 2. Subdivision 8-a of section 837 of the executive law,  as  amended
by chapter 561 of the laws of 2006, is amended to read as follows:
  8-a.  Charge a fee when, pursuant to statute or the regulations of the
division, it conducts a search  of  its  criminal  history  records  and
returns  a  report thereon in connection with an application for employ-
ment or for a license or permit. The division shall adopt and may,  from

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

                                                           LBD16523-01-0

S. 8046                             2

time  to  time,  amend a schedule of such fees which shall be in amounts
determined by the division to be  reasonably  related  to  the  cost  of
conducting such searches and returning reports thereon but, in no event,
shall  any  such  fee  exceed  twenty-five  dollars  and  an  additional
surcharge of fifty dollars. The  comptroller  is  hereby  authorized  to
deposit  such  fees  into  the general fund, provided, however, that the
monies received by the division of criminal justice services for payment
of the additional surcharge shall be deposited in equal amounts  to  the
general  fund  and  to  the  fingerprint  identification  and technology
account. Notwithstanding the foregoing, the division shall  not  request
or  accept  any  fee  for searching its records and supplying a criminal
history report pursuant to section two hundred fifty-one-b of the gener-
al business law relating to participating in flight instruction  at  any
aeronautical  facility, flight school or institution of higher learning,
OR PURSUANT TO SECTION THREE HUNDRED NINETY-E OF THE SOCIAL SERVICES LAW
WHEN THE DIVISION IS SUPPLYING A CRIMINAL HISTORY REPORT TO A  MENTORING
PROGRAM OPERATED BY A NOT-FOR-PROFIT CORPORATION.
  S 3. This act shall take effect immediately.