senate Bill S5356

Provides that certain prospective employees of the department of education have a criminal background check conducted on them

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / May / 2013
    • REFERRED TO EDUCATION
  • 30 / May / 2013
    • 1ST REPORT CAL.913
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2013
    • PASSED SENATE
  • 05 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 05 / Jun / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 13 / May / 2014
    • 1ST REPORT CAL.696
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2014
    • SUBSTITUTED BY A9749

Summary

Provides that certain prospective employees of the department of education have a criminal background check conducted on them.

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Bill Details

See Assembly Version of this Bill:
A9749
Versions:
S5356
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Amd ยง3035, Ed L

Sponsor Memo

BILL NUMBER:S5356

TITLE OF BILL: An act to amend the education law, in relation to
criminal background checks of certain prospective employees

PURPOSE: To provide administrative relief to the New York State
Education Department, and prospective employees in processing
fingerprints for bus drivers.

SUMMARY OF PROVISIONS:

Section 1: Amends section 3035 of the education law by adding a new
subdivision 3-b.

Section 2: Sets forth an immediate effective date.

EXISTING LAW: None.

JUSTIFICATION: Recent years have confronted school districts with
unprecedented fiscal challenges. While the economic outlook for the
state is steadily improving, it is a legislative priority to provide
as much flexibility as possible to school districts to enable them to
provide the high quality education we have come to expect for our
students. While there are many requirements imposed on school
districts that provide educational value, others continue to constrain
the creativity of a district to provide services to students and
relief to taxpayers.

This bill eliminates duplicative fingerprinting of school bus drivers.
Currently, school bus drivers are required to receive clearance from
the Department of Motor Vehicles pursuant to section 509-cc of the
Vehicle and Traffic law. They are also required to provide a second
set of fingerprints to the State Education Department. This bill
authorizes the Department of Motor Vehicles to provide such criminal
history to the Commissioner of Education, relieving a duplicative
administrative burden. This bill provides further authorization to the
Division of Criminal Justice to provide subsequent criminal history
notifications directly to the Commissioner of Education upon
notification that a prospective employee has been cleared for
employment.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Potential savings to the New York State
Education Department.

EFFECTIVE DATE: Immediately.

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

                                  5356

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sens. FLANAGAN, FELDER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation  to  criminal  background
  checks of certain prospective employees

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

  Section 1. Section 3035 of the education law is amended  by  adding  a
new subdivision 3-b to read as follows:
  3-B.  UPON REQUEST FROM A PROSPECTIVE EMPLOYEE WHO HAS BEEN CLEARED BY
THE COMMISSIONER OF MOTOR VEHICLES  PURSUANT  TO  SECTION  FIVE  HUNDRED
NINE-CC OR SECTION TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAF-
FIC LAW, THE DEPARTMENT OF MOTOR VEHICLES SHALL BE AUTHORIZED TO FORWARD
A  COPY  OF  SUCH INDIVIDUAL'S CRIMINAL HISTORY RECORD AND SUCH INDIVID-
UAL'S FINGERPRINTS TO THE COMMISSIONER  FOR  PURPOSES  OF  CONDUCTING  A
CRIMINAL  HISTORY  RECORD  CHECK PURSUANT TO THIS SECTION.  FURTHERMORE,
UPON NOTIFICATION THAT SUCH PROSPECTIVE EMPLOYEE HAS  BEEN  CLEARED  FOR
EMPLOYMENT BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL HAVE THE AUTHORITY TO PROVIDE SUBSEQUENT
CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE COMMISSIONER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11066-01-3

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