Do you support this bill?

Assembly Bill A7258

2009-2010 Legislative Session

Permits department of health to have access to criminal records of applicants for operation or administration of adult care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2009-A7258 (ACTIVE) - Details

Current Committee:
Assembly Social Services
Law Section:
Social Services Law
Laws Affected:
Add ยง461-s, Soc Serv L

2009-A7258 (ACTIVE) - Summary

Provides that, subject to the rules of the division of criminal justice services, the department of health shall have access to criminal history records maintained by such division of persons who apply to become operators or administrators of adult care facilities and those who are considered as court-appointed receivers of such facilities.

2009-A7258 (ACTIVE) - Bill Text download pdf 

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

                                  7258

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee on Social Services

AN ACT to amend the social services law, in relation to access to crimi-
  nal history records by the department of health

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

  Section 1. The social services law is amended by adding a new  section
461-s to read as follows:
  S  461-S.  ACCESS TO CRIMINAL HISTORY RECORDS. 1. SUBJECT TO RULES AND
REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE DEPARTMENT
OF HEALTH SHALL HAVE ACCESS TO CRIMINAL HISTORY  RECORDS  MAINTAINED  BY
SUCH  DIVISION  PERTAINING  TO PERSONS WHO SEEK APPROVAL OF OR RECERTIF-
ICATION BY THE DEPARTMENT OF HEALTH TO BE OPERATORS OR ADMINISTRATORS OF
ADULT CARE FACILITIES, PERSONS WHO MAY BE APPOINTED  RECEIVERS  OF  SUCH
FACILITIES   PURSUANT   TO   THE  PROVISIONS  OF  SECTION  FOUR  HUNDRED
SIXTY-ONE-F OF THIS TITLE, EVERY OPERATOR AND ADMINISTRATOR  OF  SUCH  A
FACILITY AT THE TIME OF RENEWAL OF THE FACILITY'S OPERATING CERTIFICATE,
OR  SUCH PERSONS AS THE DEPARTMENT OF HEALTH AT ANY TIME DEEMS NECESSARY
TO DETERMINE THEIR CRIMINAL HISTORIES.
  2. EVERY COURT IN WHICH AN OPERATOR, ADMINISTRATOR OR RECEIVER  OF  AN
ADULT  CARE FACILITY IS CONVICTED OF A CRIME WHILE OPERATING OR ADMINIS-
TERING SUCH A FACILITY OR WHILE AUTHORIZED TO ACT AS A RECEIVER OF  SUCH
A  FACILITY  SHALL,  WITHIN TEN DAYS AFTER EITHER THE ENTRY OF A PLEA OF
GUILTY,  OR THE VERDICT OF THE COURT OR A JURY, NOTIFY THE DEPARTMENT OF
HEALTH IN WRITING OF SUCH CONVICTION. THE DEPARTMENT  OF  HEALTH,  AFTER
RECEIPT  OF  SUCH  NOTIFICATION  OR AT ANY TIME THE DEPARTMENT OF HEALTH
BECOMES AWARE OF THE CONVICTION OF SUCH PERSON, SHALL HAVE THE  AUTHORI-
TY,  GRANTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, TO HAVE ACCESS
TO THE CRIMINAL HISTORY RECORDS OF SUCH PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08544-02-9

A. 7258                             2

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.