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

                                  7160

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2011
                               ___________

Introduced  by  M.  of  A.  J. MILLER  -- Multi-Sponsored by -- M. of A.
  BURLING -- read once and referred to the Committee on Mental Health

AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
  relation  to  requiring office for people with developmental disabili-
  ties facilities and providers to submit fingerprints  of  current  and
  prospective  employees for the purpose of a search of criminal history
  records of the division of criminal justice services and  establishing
  an office for people with developmental disabilities worker registry

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

  Section 1. Title C of the mental hygiene law is amended  by  adding  a
new article 14 to read as follows:
                               ARTICLE 14
        REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING CURRENT
    AND PROSPECTIVE EMPLOYEES OF OFFICE FOR PEOPLE WITH DEVELOPMENTAL
                  DISABILITIES FACILITIES AND PROVIDERS
SECTION 14.01 DEFINITIONS.
        14.03 REQUESTS   FOR  CRIMINAL  HISTORY  INFORMATION  CONCERNING
                  CURRENT AND PROSPECTIVE EMPLOYEES.
        14.05 OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES  WORKER
                  REGISTRY.
S 14.01 DEFINITIONS.
  FOR THE PURPOSES OF THIS ARTICLE:
  1.   "CRIMINAL  HISTORY  INFORMATION"  SHALL  MEAN  A  RECORD  OF  ALL
CONVICTIONS OF CRIMES MAINTAINED ON AN INDIVIDUAL  BY  THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR
OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
  2. "EMPLOYER" SHALL MEAN ANY FACILITY OR OTHER ENTITY  PROVIDING  CARE
OF  OR  SERVICES  TO ANY PERSON, WHICH FACILITY OR OTHER ENTITY IS UNDER
THE JURISDICTION OF THE OFFICE DUE TO ITS HAVING OR  BEING  REQUIRED  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08207-01-1

              

A. 7160                             2

HAVE  ANY LICENSE, CERTIFICATE, PERMIT, OR OTHER AUTHORIZATION ISSUED BY
THE OFFICE.  THE TERM "EMPLOYER" INCLUDES THE OFFICE.
  3.  "EMPLOYEE"  SHALL  MEAN  ANY  PERSON  EMPLOYED  BY  AN EMPLOYER OR
EMPLOYED BY THE OFFICE IN A CAPACITY IN WHICH SUCH PERSON IS ENGAGED  IN
THE PROVISION OF CARE OR SERVICES TO A PERSON IN NEED THEREOF.
  4. "CURRENT EMPLOYEE" SHALL MEAN AND INCLUDE ANY INDIVIDUAL WHO BECAME
AN EMPLOYEE OF AN EMPLOYER PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
  5.  "PROSPECTIVE  EMPLOYEE"  SHALL  MEAN AND INCLUDE AN INDIVIDUAL NOT
CURRENTLY AN EMPLOYEE OF  AN  EMPLOYER  WHO  FILES  AN  APPLICATION  FOR
EMPLOYMENT  AND  THE  EMPLOYER HAS A REASONABLE EXPECTATION TO HIRE SUCH
INDIVIDUAL.
S 14.03 REQUESTS FOR CRIMINAL HISTORY INFORMATION CONCERNING CURRENT AND
          PROSPECTIVE EMPLOYEES.
  1. AN EMPLOYER SHALL REQUEST AND IS AUTHORIZED  TO  RECEIVE  FROM  THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  CRIMINAL  HISTORY INFORMATION
CONCERNING EACH CURRENT AND PROSPECTIVE EMPLOYEE, AND TO  CONSIDER  SUCH
INFORMATION  IN ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION
LAW, SUBJECT TO THE FOLLOWING RESTRICTIONS:
  (A) AN EMPLOYER SHALL DESIGNATE ONE PERSON IN ITS EMPLOY WHO SHALL  BE
AUTHORIZED  TO REQUEST, RECEIVE AND REVIEW CRIMINAL HISTORY INFORMATION,
AND ONLY SUCH PERSON AND THE NEW OR PROSPECTIVE EMPLOYEE  TO  WHICH  THE
CRIMINAL  HISTORY INFORMATION RELATES SHALL HAVE ACCESS TO SUCH INFORMA-
TION; PROVIDED,  HOWEVER,  THAT  CRIMINAL  HISTORY  INFORMATION  MAY  BE
DISCLOSED  TO  OTHER  PERSONNEL  AUTHORIZED  BY  THE  EMPLOYER  WHO  ARE
EMPOWERED BY SUCH EMPLOYER TO MAKE HIRING DECISIONS  CONCERNING  CURRENT
OR  PROSPECTIVE EMPLOYEES AND PROVIDED FURTHER THAT SUCH OTHER PERSONNEL
SHALL ALSO BE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND ALL  OTHER
PROVISIONS  OF  THIS  ARTICLE.  AN EMPLOYER SHALL NOTIFY THE DIVISION OF
CRIMINAL JUSTICE SERVICES OF EACH PERSON AUTHORIZED TO  HAVE  ACCESS  TO
CRIMINAL HISTORY INFORMATION PURSUANT TO THIS SECTION;
  (B)  AN  EMPLOYER  REQUESTING CRIMINAL HISTORY INFORMATION PURSUANT TO
THIS SECTION SHALL DO SO BY COMPLETING A FORM DEVELOPED FOR SUCH PURPOSE
BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH FORM SHALL INCLUDE  A
SWORN  STATEMENT  OF  THE  PERSON DESIGNATED BY THE EMPLOYER 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 IS A CURRENT EMPLOYEE; (II) SUCH CRIMINAL HISTORY INFOR-
MATION  WILL  BE  USED BY THE EMPLOYER SOLELY FOR PURPOSES AUTHORIZED BY
THIS ARTICLE; AND (III) THE EMPLOYER AND ITS STAFF ARE AWARE OF AND WILL
ABIDE BY THE CONFIDENTIALITY REQUIREMENTS AND ALL  OTHER  PROVISIONS  OF
THIS ARTICLE; AND
  (C)  THE  PERSON  DESIGNATED  BY  AN  EMPLOYER FOR RECEIPT OF CRIMINAL
HISTORY INFORMATION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION  SHALL
UPON  RECEIPT IMMEDIATELY MARK SUCH CRIMINAL HISTORY INFORMATION "CONFI-
DENTIAL", AND SHALL AT ALL TIMES MAINTAIN SUCH CRIMINAL HISTORY INFORMA-
TION IN A SECURE PLACE.  ANY PERSON WHO WILLFULLY 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.  ANY UNAUTHORIZED DISCLOSURE OF FINGERPRINTS
OR CRIMINAL HISTORY INFORMATION OBTAINED BY AN EMPLOYER PURSUANT TO THIS
ARTICLE  SHALL ALSO ENTITLE THE SUBJECT OF SUCH FINGERPRINTS OR CRIMINAL
HISTORY INFORMATION TO RECOVER  FROM  THE  EMPLOYER  A  CIVIL  AWARD  OF
DAMAGES RESULTING FROM SUCH UNAUTHORIZED DISCLOSURE, TOGETHER WITH COSTS
AND REASONABLE ATTORNEY'S FEES.

A. 7160                             3

  2.  TO  THE  EXTENT  PERMITTED  BY LAW, AN EMPLOYER MAY REQUEST FROM A
CURRENT OR PROSPECTIVE EMPLOYEE A STATEMENT OF HIS OR HER PRIOR CRIMINAL
CONVICTIONS IN THIS STATE OR ANY OTHER JURISDICTION. PRIOR TO REQUESTING
CRIMINAL HISTORY  INFORMATION  CONCERNING  ANY  CURRENT  OR  PROSPECTIVE
EMPLOYEE, EACH EMPLOYER SHALL:
  (A)  INFORM  THE  CURRENT  OR PROSPECTIVE EMPLOYEE IN WRITING THAT THE
EMPLOYER IS REQUIRED TO REQUEST HIS OR HER CRIMINAL HISTORY  INFORMATION
FROM  THE DIVISION OF CRIMINAL JUSTICE SERVICES AND REVIEW SUCH INFORMA-
TION PURSUANT TO THIS SECTION;
  (B) INFORM THE CURRENT OR PROSPECTIVE EMPLOYEE THAT BEFORE THE EMPLOY-
ER REQUESTS SUCH CRIMINAL HISTORY INFORMATION, THE CURRENT  OR  PROSPEC-
TIVE EMPLOYEE HAS THE RIGHT TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS
OR  HER  CRIMINAL HISTORY INFORMATION PURSUANT TO REGULATIONS AND PROCE-
DURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES;
  (C) OBTAIN THE SIGNED INFORMED CONSENT OF THE CURRENT  OR  PROSPECTIVE
EMPLOYEE ON A FORM SUPPLIED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
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,  GIVEN  THE  FINGERPRINTS  OF
SUCH CURRENT OR PROSPECTIVE EMPLOYEE PURSUANT TO REGULATIONS ESTABLISHED
BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  3. A CURRENT OR PROSPECTIVE EMPLOYEE MAY WITHDRAW FROM THE APPLICATION
PROCESS,  WITHOUT PREJUDICE, AT ANY TIME REGARDLESS OF WHETHER OR NOT HE
OR SHE HAS REVIEWED HIS OR  HER  CRIMINAL  HISTORY  INFORMATION  OR  THE
EMPLOYER  HAS  RECEIVED CRIMINAL HISTORY INFORMATION. WHERE A CURRENT OR
PROSPECTIVE EMPLOYEE WITHDRAWS FROM THE APPLICATION PROCESS, ANY FINGER-
PRINTS AND CRIMINAL  HISTORY  INFORMATION  CONCERNING  SUCH  CURRENT  OR
PROSPECTIVE  EMPLOYEE  RECEIVED  BY  THE  EMPLOYER  SHALL BE IMMEDIATELY
RETURNED TO SUCH CURRENT OR PROSPECTIVE EMPLOYEE BY  THE  PERSON  DESIG-
NATED  FOR RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO PARAGRAPH
(A) OF SUBDIVISION ONE OF THIS SECTION.
  4. IN ALL CASES THE  FINGERPRINTS  AND  CRIMINAL  HISTORY  INFORMATION
CONCERNING  A  CURRENT  OR  PROSPECTIVE  EMPLOYEE  SHALL  BE IMMEDIATELY
RETURNED TO SUCH PERSON BY THE PERSON DESIGNATED FOR RECEIPT OF CRIMINAL
HISTORY INFORMATION UPON THE DENIAL  OF  EMPLOYMENT  OR  TERMINATION  OF
EMPLOYMENT OF SUCH EMPLOYEE.
  5.  THE  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE REQUESTED
CRIMINAL HISTORY INFORMATION AND  RETURN  FINGERPRINTS  TO  AN  EMPLOYER
WITHIN FIFTEEN BUSINESS DAYS AFTER THE RECEIPT OF A REQUEST FOR CRIMINAL
HISTORY INFORMATION IF SUCH REQUEST IS:
  (A) MADE BY THE PERSON DESIGNATED BY THE EMPLOYER FOR RECEIPT OF CRIM-
INAL HISTORY INFORMATION PURSUANT TO PARAGRAPH (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 TWO OF THIS SECTION; AND
  (C) ACCOMPANIED BY FINGERPRINTS OF THE CURRENT OR PROSPECTIVE EMPLOYEE
OBTAINED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION.
  6. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
PROMULGATE   ALL  RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT  THE
PROVISIONS OF THIS ARTICLE, WHICH SHALL  INCLUDE  CONVENIENT  PROCEDURES
FOR CURRENT AND PROSPECTIVE EMPLOYEES TO PROMPTLY VERIFY THE ACCURACY OF

A. 7160                             4

THEIR CRIMINAL HISTORY INFORMATION AND, TO THE EXTENT AUTHORIZED BY LAW,
TO HAVE ACCESS TO RELEVANT DOCUMENTS RELATED THERETO.
  7. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED OR INTERPRETED TO IN ANY
WAY  DIMINISH  THE INTEGRITY OF COLLECTIVE BARGAINING AGREEMENTS NEGOTI-
ATED BETWEEN AN EMPLOYER AND  ANY  CERTIFIED  OR  AUTHORIZED  COLLECTIVE
BARGAINING  AGENT FOR AN EMPLOYEE, OR TO DIMINISH RIGHTS WHICH ACCRUE TO
SUCH EMPLOYEES PURSUANT TO SUCH AGREEMENTS.
S 14.05 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES WORKER  REGIS-
          TRY.
  1.  DEFINITIONS.  AS  USED  IN  THIS  SECTION, "OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES WORKER REGISTRY" MEANS THE SYSTEM OF INFORMA-
TION PERTAINING TO HOME CARE WORKERS, AS ESTABLISHED BY THE OFFICE UNDER
THIS SECTION.
  2. THE OFFICE SHALL ESTABLISH, DIRECTLY OR THROUGH CONTRACT, A  STATE-
WIDE  OFFICE  FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES WORKER REGISTRY
OF ALL OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES  WORKERS.  SUCH
REGISTRY  SHALL  BE  AN  AUTOMATED  SYSTEM WITH IMMEDIATE ACCESS THROUGH
TELEPHONE AND ANY OTHER APPROPRIATE TECHNOLOGY. THE  OFFICE  FOR  PEOPLE
WITH  DEVELOPMENTAL  DISABILITIES  WORKER  REGISTRY  SHALL  INCLUDE  THE
FOLLOWING INFORMATION PERTAINING TO THE OFFICE FOR PEOPLE WITH  DEVELOP-
MENTAL DISABILITIES WORKER:
  (A)  NAME  AND  ALIAS  OR  PREVIOUSLY USED NAME, WHERE APPLICABLE, AND
SOCIAL SECURITY NUMBER;
  (B) OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES  EMPLOYMENT
HISTORY, INCLUDING THE NAME, ADDRESS, PHONE OF THE CURRENT AND PRECEDING
EMPLOYER  AND  EMPLOYERS  OVER  THE LAST THREE YEARS AND THE APPROXIMATE
EMPLOYMENT STARTING AND TERMINATION DATES; AND
  (C) NEW YORK STATE  APPROVED  TRAINING  AND  CERTIFICATION,  INCLUDING
APPROXIMATE DATES, AS REQUIRED BY REGULATIONS UNDER THIS ARTICLE.
  3. EACH EMPLOYER SHALL, ON A SCHEDULE AS DETERMINED BY THE DEPARTMENT,
FILE WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES REGISTRY
INFORMATION REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION. THE INFORMA-
TION SHALL BE IN A FORM DETERMINED BY THE OFFICE AND SHALL BE AS CURRENT
AND THOROUGH AS REASONABLY POSSIBLE.
  4.  EACH EMPLOYER PROVIDING TRAINING FOR OFFICE FOR PEOPLE WITH DEVEL-
OPMENTAL DISABILITIES WORKERS OR  PROSPECTIVE  OFFICE  FOR  PEOPLE  WITH
DEVELOPMENTAL  DISABILITIES  WORKERS  SHALL, ON A SCHEDULE DETERMINED BY
THE DEPARTMENT, FILE WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES WORKER REGISTRY INFORMATION REQUIRED UNDER PARAGRAPHS  (A)  AND
(C)  OF SUBDIVISION TWO OF THIS SECTION ON PERSONS SUCCESSFULLY COMPLET-
ING A NEW YORK STATE APPROVED PROGRAM OF TRAINING.
  5. AS PART OF THE OFFICE FOR PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES
WORKER  EMPLOYMENT  APPLICATION  PROCESS,  AN EMPLOYER SHALL CONTACT THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES  WORKER  REGISTRY  TO
ASSIST IN DETERMINING A WORKER'S SUITABILITY FOR EMPLOYMENT. INFORMATION
PERTAINING  TO THE WORKER CONTAINED IN THE OFFICE FOR PEOPLE WITH DEVEL-
OPMENTAL DISABILITIES WORKER REGISTRY SHALL BE PROVIDED PROMPTLY TO  THE
EMPLOYER TO ASSIST THE EMPLOYER IN MAKING THE EMPLOYMENT DECISION.
  6.  EACH  EMPLOYER  SHALL MAKE A GOOD FAITH DOCUMENTED EFFORT TO CHECK
ALL REGISTRY-LISTED EMPLOYERS OF A WORKER IN A TIMELY MANNER.
  7. (A) EACH EMPLOYER SHALL DESIGNATE ONE  PERSON  IN  ITS  EMPLOY  WHO
SHALL  BE  AUTHORIZED  TO  REQUEST, RECEIVE AND REVIEW OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES WORKER REGISTRY  INFORMATION,  AND  ONLY
SUCH  PERSON  AND  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
WORKER TO WHICH THE INFORMATION RELATES SHALL HAVE ACCESS TO SUCH INFOR-
MATION; PROVIDED, HOWEVER, THAT THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL

A. 7160                             5

DISABILITIES WORKER REGISTRY  INFORMATION  MAY  BE  DISCLOSED  TO  OTHER
PERSONNEL AUTHORIZED BY THE EMPLOYER TO MAKE HIRING DECISIONS CONCERNING
PROSPECTIVE  EMPLOYEES  AND  PROVIDED  FURTHER THAT SUCH OTHER PERSONNEL
SHALL  ALSO BE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND ALL OTHER
PROVISIONS OF THIS SECTION.  AN EMPLOYER SHALL NOTIFY THE OFFICE OF EACH
PERSON AUTHORIZED TO HAVE ACCESS TO CRIMINAL HISTORY INFORMATION  PURSU-
ANT TO THIS SECTION;
  (B)  AN EMPLOYER REQUESTING OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES WORKER REGISTRY INFORMATION PURSUANT TO THIS SECTION  SHALL  DO
SO  BY  COMPLETING A FORM DEVELOPED FOR SUCH PURPOSE BY THE OFFICE. SUCH
FORM SHALL INCLUDE A SWORN STATEMENT OF THE  PERSON  DESIGNATED  BY  THE
EMPLOYER  TO REQUEST, RECEIVE AND REVIEW OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES WORKER REGISTRY INFORMATION  PURSUANT  TO  PARAGRAPH
(A)  OF THIS SUBDIVISION CERTIFYING THAT (I) SUCH OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES WORKER REGISTRY INFORMATION WILL BE  USED  BY
THE  EMPLOYER  SOLELY  FOR PURPOSES AUTHORIZED BY THIS SECTION; AND (II)
THE EMPLOYER AND ITS STAFF ARE AWARE OF AND WILL ABIDE BY THE  CONFIDEN-
TIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION; AND
  (C)  THE  PERSON  DESIGNATED  BY AN EMPLOYER FOR RECEIPT OF OFFICE FOR
PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES  WORKER  REGISTRY  INFORMATION
PURSUANT  TO  PARAGRAPH (A) OF THIS SUBDIVISION SHALL UPON RECEIPT IMME-
DIATELY MARK SUCH OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES
WORKER REGISTRY INFORMATION "CONFIDENTIAL", AND SHALL AT ALL TIMES MAIN-
TAIN  SUCH  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL DISABILITIES WORKER
REGISTRY INFORMATION IN A SECURE PLACE. ANY PERSON WHO WILLFULLY PERMITS
THE RELEASE OF CONFIDENTIAL OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISA-
BILITIES  WORKER  REGISTRY  INFORMATION TO PERSONS NOT PERMITTED BY THIS
SECTION TO RECEIVE SUCH INFORMATION SHALL BE SUBJECT TO A CIVIL  PENALTY
OF  UP  TO FIVE THOUSAND DOLLARS.  ANY UNAUTHORIZED DISCLOSURE OF OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES REGISTRY INFORMATION OBTAINED
BY AN EMPLOYER PURSUANT TO THIS ARTICLE SHALL ALSO ENTITLE THE  EMPLOYEE
WHO  IS  THE  SUBJECT OF SUCH INFORMATION TO RECOVER FROM THE EMPLOYER A
CIVIL AWARD OF DAMAGES  RESULTING  FROM  SUCH  UNAUTHORIZED  DISCLOSURE,
TOGETHER WITH COSTS AND REASONABLE ATTORNEY'S FEES.
  8.  EACH EMPLOYER SHALL INFORM THE EMPLOYEE THAT SUCH EMPLOYEE HAS THE
RIGHT TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS  OR  HER  OFFICE  FOR
PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES  WORKER  REGISTRY  INFORMATION
PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE OFFICE.
  9. (A) THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES  WORKER
REGISTRY  SHALL,  ON  WRITTEN  REQUEST BY AN EMPLOYEE, PROMPTLY GIVE THE
WORKER A COPY OF HIS OR HER OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISA-
BILITIES WORKER REGISTRY FILE.
  (B)  IF  AN EMPLOYEE DISPUTES ANY INFORMATION IN THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES WORKER REGISTRY, THE OFFICE  FOR  PEOPLE
WITH  DEVELOPMENTAL DISABILITIES WORKER REGISTRY SHALL PROMPTLY INVESTI-
GATE AND, WHERE  APPROPRIATE,  CORRECT  THE  DISPUTED  INFORMATION.  THE
OFFICE  FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES WORKER REGISTRY SHALL
PROMPTLY NOTIFY THE EMPLOYEE OF THE RESULTS OF  THE  INVESTIGATION,  ITS
DECISION  AND  HIS  OR  HER RIGHTS UNDER THIS SUBDIVISION, INCLUDING THE
RIGHT TO SEEK UNION OR OTHER REPRESENTATION.
  (C) IF, AFTER CONDUCTING THE INVESTIGATION, THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES WORKER REGISTRY FINDS  THAT  AN  ITEM  IS  IN
ERROR OR CANNOT BE VERIFIED, IT SHALL:
  (I) PROMPTLY EXPUNGE THE ITEM AND OTHERWISE CORRECT THE FILE;
  (II)  REFRAIN  FROM REPORTING THE ITEM IN SUBSEQUENT OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES WORKER REGISTRY REPORTS;

A. 7160                             6

  (III) ADVISE THE EMPLOYEE OF HIS OR HER RIGHT TO REQUEST  NOTIFICATION
AND,  AT THE EMPLOYEE'S REQUEST, PROMPTLY NOTIFY ANY EMPLOYER DESIGNATED
BY THE EMPLOYEE WHICH HAS RECEIVED INFORMATION  IN  THE  PREVIOUS  THREE
YEARS  THAT  AN  ERROR EXISTED, AND SHALL FURNISH SUCH EMPLOYER WITH THE
CORRECT INFORMATION; AND
  (IV)  AT  THE  EMPLOYEE'S  REQUEST,  FORWARD  HIM OR HER A COPY OF THE
CORRECTED OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES  WORKER
REGISTRY FILE.
  (D) IF, AFTER CONDUCTING THE INVESTIGATION, THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL  DISABILITIES  WORKER  REGISTRY  IS  UNABLE TO RESOLVE THE
DISPUTED INFORMATION, IT SHALL:
  (I) PROMPTLY INDICATE IN THE FILE THAT THE ITEM IS DISPUTED;
  (II) PERMIT THE EMPLOYEE TO FILE  A  BRIEF  STATEMENT  CONCERNING  THE
DISPUTE;
  (III)  INCLUDE  THE  EMPLOYEE'S STATEMENT OF THE DISPUTE IN ALL SUBSE-
QUENT DISCLOSURES CONTAINING THE INFORMATION IN QUESTION;
  (IV) CLEARLY NOTE IN ALL  SUBSEQUENT  DISCLOSURES  THAT  THE  ITEM  IS
DISPUTED BY THE EMPLOYEE;
  (V)  ADVISE  THE  EMPLOYEE  OF HIS OR HER RIGHT TO PROMPTLY NOTIFY ANY
EMPLOYER DESIGNATED BY THE EMPLOYEE WHICH HAS  RECEIVED  INFORMATION  IN
THE  PREVIOUS  THREE  YEARS  THAT A STATEMENT CONCERNING THE DISPUTE HAS
BEEN FILED, AND SHALL FURNISH SUCH EMPLOYER WITH THE  EMPLOYEE'S  STATE-
MENT; AND
  (VI)  FORWARD  TO  THE  EMPLOYEE  A  COPY  OF HIS OR HER REGISTRY FILE
INCLUDING THE STATEMENT CONCERNING THE DISPUTED INFORMATION.
  (E) IF ANY ITEM DISPUTED AND REINVESTIGATED IS FOUND TO BE IN ERROR OR
CAN NO LONGER BE VERIFIED, UPON COMPLETION OF THE REINVESTIGATION OF ALL
ITEMS DISPUTED, THE OFFICE FOR PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES
WORKER  REGISTRY  SHALL  TAKE THE ACTION SPECIFIED IN SUBPARAGRAPHS (I),
(II) AND (III) OF PARAGRAPH (C) OF THIS SUBDIVISION.
  10. INFORMATION REGARDING AN EMPLOYEE WHO IS EMPLOYED BY  AN  EMPLOYER
ON  THE  EFFECTIVE  DATE OF THIS SECTION NEED NOT BE FILED IN THE OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES WORKER REGISTRY  UNTIL  THREE
YEARS  AFTER  THE  EFFECTIVE DATE OF THE INITIAL REGULATION IMPLEMENTING
THIS SECTION. WITH REGARD TO SUCH AN  EMPLOYEE,  AN  EMPLOYER  SHALL  BE
REQUIRED  TO  FILE ONLY SUCH INFORMATION REQUIRED BY PARAGRAPHS (A), (B)
AND (C) OF SUBDIVISION TWO OF THIS SECTION  AS  IS  MAINTAINED  BY  SUCH
EMPLOYER AS A REGULAR PART OF THE EMPLOYEE'S PERSONNEL FILE.
  11.  THE  OFFICE SHALL DEVELOP AND PROMULGATE REGULATIONS IN CONSULTA-
TION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES NECESSARY  FOR  THE
IMPLEMENTATION OF THIS SECTION.
  12.  THE  COMMISSIONER  SHALL TRANSMIT TO THE SPEAKER OF THE ASSEMBLY,
THE MINORITY LEADER OF THE ASSEMBLY,  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE AND THE MINORITY LEADER OF THE SENATE NO LATER THAN THE FIRST DAY
OF  APRIL  OF  EACH YEAR A REPORT ON THE IMPLEMENTATION AND OPERATION OF
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES  WORKER  REGISTRY.
SUCH  REPORT  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, AN ANALYSIS OF THE
REGISTRANTS ENTERED INTO THE SYSTEM DURING THE PRECEDING YEAR, AN ANALY-
SIS OF THE COSTS OF IMPLEMENTING AND OPERATING SUCH REGISTRY, THE SOURC-
ES OF THE FUNDS USED TO IMPLEMENT AND OPERATE THE REGISTRY, AND A COMPU-
TATION OF  ANY  EXCESS  FUNDS  COLLECTED  FOR  SUCH  IMPLEMENTATION  AND
OPERATION.
  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

A. 7160                             7

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
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,
NOR  FOR  SEARCHING  ITS RECORDS AND SUPPLYING A CRIMINAL HISTORY REPORT
PURSUANT TO ARTICLE FOURTEEN OF THE MENTAL HYGIENE LAW.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on which it shall have become a law. The commissioner of
developmental disabilities may adopt, amend, suspend or repeal rules  or
regulations  and  take other actions prior to and in preparation for the
timely implementation of this act on its effective date; provided howev-
er, that such rules, regulations and other actions shall  not  have  any
legal effect until the effective date of this act.