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Senate Bill S6326

2011-2012 Legislative Session

Requires a criminal history report for certain employment or volunteer applicants to the office for people with developmental disabilities

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2011-S6326 (ACTIVE) - Details

See Assembly Version of this Bill:
A8667
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.19, Ment Hyg L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2301, A865
2015-2016: S3847, A3367
2017-2018: S6289
2019-2020: S2632
2021-2022: S4923
2023-2024: S4208
2025-2026: S5882

2011-S6326 (ACTIVE) - Summary

Directs the commissioner of the office for people with developmental disabilities to deny employment or volunteer applications based on a criminal history report for such applicant.

2011-S6326 (ACTIVE) - Sponsor Memo

2011-S6326 (ACTIVE) - Bill Text download pdf 

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

                                  6326

                            I N  S E N A T E

                            January 26, 2012
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
  relation  to  directing the commissioner of the office for people with
  developmental disabilities to promulgate regulations  authorizing  the
  denial  or disapproval of certain employment or volunteer applications
  following a criminal history report for such applicant

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

  Section  1.    Section  13.19  of the mental hygiene law is amended by
adding a new subdivision (f) to read as follows:
  (F) THE COMMISSIONER SHALL  PROMULGATE  REGULATIONS  (I)  REQUIRING  A
CRIMINAL HISTORY REPORT FOR ANY PROSPECTIVE EMPLOYEE OR VOLUNTEER IN THE
OFFICE  WHO WILL HAVE REGULAR DIRECT PATIENT CONTACT; AND (II) AUTHORIZ-
ING THE DENIAL OR DISAPPROVAL  OF  ANY  APPLICATION  FOR  EMPLOYMENT  OR
VOLUNTEER  SERVICE  IN  THE OFFICE FOR A POSITION THAT WILL HAVE REGULAR
DIRECT PATIENT CONTACT WHERE A CRIMINAL HISTORY REPORT  CONCERNING  SUCH
PROSPECTIVE  EMPLOYEE  OR VOLUNTEER REVEALS A CONVICTION FOR ANY OFFENSE
THE COMMISSIONER DETERMINES WOULD  MAKE  SUCH  PROSPECTIVE  EMPLOYEE  OR
VOLUNTEER UNFIT FOR EMPLOYMENT BY THE OFFICE.
  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
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

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

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