S T A T E O F N E W Y O R K
________________________________________________________________________
865
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. WEPRIN -- 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 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 (e) to read as follows:
(E) 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03885-01-3
A. 865 2
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 REGULATIONS ADOPTED UNDER SECTION 13.19 OF THE MENTAL
HYGIENE LAW.
S 3. This act shall take effect immediately.