NY State Assembly Bill 2015-A10208

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2016	referred to education

2015-A10208 (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally
Versions Introduced in 2017-2018 Legislative Session:: A2087

2015-A10208 (ACTIVE) - Summary

Requires the fingerprinting of all prospective employees.

2015-A10208 (ACTIVE) - Bill Text download pdf

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

                                  10208

                          I N  A S S E M B L Y

                              May 17, 2016
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Education

AN  ACT to amend the education law, in relation to the fingerprinting of
  prospective employees

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

  Section  1.  Subdivision  1  of  section 3035 of the education law, as
amended by chapter 630 of the laws  of  2006,  is  amended  to  read  as
follows:
  1.  (A)  The  commissioner  shall  submit  to the division of criminal
justice services two sets of fingerprints of  prospective  employees  as
defined  in  subdivision  three of section eleven hundred twenty-five of
this chapter received from a school district, charter school or board of
cooperative educational services and of prospective  employees  received
from  nonpublic and private elementary and secondary schools pursuant to
title two of this chapter, and the division of criminal justice services
processing fee imposed pursuant to subdivision eight-a of section  eight
hundred  thirty-seven  of  the  executive law and any fee imposed by the
federal bureau  of  investigation.  The  division  of  criminal  justice
services  and  the  federal  bureau  of investigation shall forward such
criminal history record to the commissioner in a timely manner. For  the
purposes  of this section, the term "criminal history record" shall mean
a record of all convictions of crimes and any pending  criminal  charges
maintained on an individual by the division of criminal justice services
and  the  federal  bureau  of  investigation.  All such criminal history
records sent to the commissioner pursuant to this subdivision  shall  be
confidential  pursuant  to  the applicable federal and state laws, rules
and regulations, and shall not be published or in any way  disclosed  to
persons other than the commissioner, unless otherwise authorized by law.
  (B)  EACH PROSPECTIVE EMPLOYEE, INCLUDING A PERSON WHO HAS BEEN PREVI-
OUSLY EMPLOYED BY A DIFFERENT SCHOOL  DISTRICT,  REGARDLESS  OF  WHETHER
SUCH  PERSON  HAS  BEEN FINGERPRINTED PURSUANT TO SECTION THREE THOUSAND
FOUR-B OF THIS CHAPTER OR PURSUANT TO SECTION FIVE  HUNDRED  NINE-CC  OR
TWELVE  HUNDRED  TWENTY-NINE-D  OF THE VEHICLE AND TRAFFIC LAW AND WHOSE

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

                                                           LBD15166-01-6

A. 10208                            2

FINGERPRINTS REMAIN ON  FILE  WITH  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES, OF ANY SCHOOL DISTRICT, CHARTER SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES,  AND  OF  NONPUBLIC  AND  PRIVATE  ELEMENTARY AND
SECONDARY  SCHOOLS  PURSUANT  TO  TITLE  TWO  OF  THIS CHAPTER, SHALL BE
REQUIRED TO SUBMIT TO A CRIMINAL HISTORY CHECK AS REQUIRED BY  PARAGRAPH
(A) OF THIS SUBDIVISION IN ORDER TO QUALIFY FOR CLEARANCE OF EMPLOYMENT.
  S  2.  Paragraph (a) of subdivision 30 of section 305 of the education
law, as amended by chapter 630 of the laws of 2006, is amended  to  read
as follows:
  (a)  The  commissioner,  in  cooperation with the division of criminal
justice services and in accordance with  all  applicable  provisions  of
law,  shall promulgate rules and regulations to require the fingerprint-
ing of prospective employees, as defined in section eleven hundred twen-
ty-five of this chapter, AND INCLUDING SUCH PERSONS WHO HAVE BEEN  FING-
ERPRINTED  PURSUANT  TO SECTION THREE THOUSAND FOUR-B OF THIS CHAPTER OR
PURSUANT TO SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D
OF THE VEHICLE AND TRAFFIC LAW AND WHOSE  FINGERPRINTS  REMAIN  ON  FILE
WITH  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES, of school districts,
charter schools and  boards  of  cooperative  educational  services  and
authorizing the fingerprinting of prospective employees of nonpublic and
private elementary and secondary schools, and for the use of information
derived from searches of the records of the division of criminal justice
services  and  the  federal  bureau of investigation based on the use of
such fingerprints. The commissioner shall also develop a form for use by
school districts, charter schools,  boards  of  cooperative  educational
services,  and nonpublic and private elementary and secondary schools in
connection with the submission of fingerprints that contains the specif-
ic job title sought and any other information that may  be  relevant  to
consideration  of the applicant. The commissioner shall also establish a
form for the recordation of allegations of child abuse in an educational
setting, as required pursuant to section eleven  hundred  twenty-six  of
this  chapter. [No person who has been fingerprinted pursuant to section
three thousand four-b of  this  chapter  or  pursuant  to  section  five
hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traf-
fic law and whose fingerprints remain on file with the division of crim-
inal  justice  services  shall be required to undergo fingerprinting for
purposes of a new criminal history record check.] This  subdivision  and
the  rules  and regulations promulgated pursuant thereto shall not apply
to a school district within a city with a population of one  million  or
more.
  S  3.  Paragraph  a of subdivision 39 of section 1604 of the education
law, as amended by chapter 147 of the laws of 2001, is amended  to  read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting  of  all  prospective employees pursuant to section three
thousand thirty-five of this chapter[, who do not hold  valid  clearance
pursuant to such section or pursuant to section three thousand four-b of
this  chapter  or section five hundred nine-cc or twelve hundred twenty-
nine-d of the vehicle and traffic law]. Prior to initiating the  finger-
printing  process,  the prospective employer shall furnish the applicant
with the form described  in  paragraph  (c)  of  subdivision  thirty  of
section  three  hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history  records  search.  Every  set  of
fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
submitted to the commissioner for purposes of clearance for employment.

A. 10208                            3

  S 4. Subdivision 39 of section 1604 of the education law, as added  by
chapter 180 of the laws of 2000, is amended to read as follows:
  39.  Shall  require,  for purposes of a criminal history record check,
the fingerprinting of all  prospective  employees  pursuant  to  section
three  thousand  thirty-five  of  this  chapter[,  who do not hold valid
clearance pursuant to such section or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d of the vehicle and traffic law]. Prior to  initiating  the
fingerprinting  process,  the  prospective  employer  shall  furnish the
applicant with the form described in paragraph (c) of subdivision thirty
of section three hundred five of  this  chapter  and  shall  obtain  the
applicant's consent to the criminal history records search. Every set of
fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
submitted to the commissioner for purposes of clearance for employment.
  S 5. Paragraph a of subdivision 39 of section 1709  of  the  education
law,  as  amended by chapter 147 of the laws of 2001, is amended to read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of this chapter[, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this chapter or section five hundred nine-cc or twelve  hundred  twenty-
nine-d  of the vehicle and traffic law]. Prior to initiating the finger-
printing process, the prospective employer shall furnish  the  applicant
with  the  form  described  in  paragraph  (c)  of subdivision thirty of
section three hundred five of this chapter and shall obtain  the  appli-
cant's  consent  to  the  criminal  history records search. Every set of
fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
submitted to the commissioner for purposes of clearance for employment.
  S  6. Subdivision 39 of section 1709 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  39. Shall require, for purposes of a criminal  history  record  check,
the  fingerprinting  of  all  prospective  employees pursuant to section
three thousand thirty-five of this  chapter[,  who  do  not  hold  valid
clearance pursuant to such section or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d  of  the vehicle and traffic law]. Prior to initiating the
fingerprinting process,  the  prospective  employer  shall  furnish  the
applicant with the form described in paragraph (c) of subdivision thirty
of  section  three  hundred  five  of  this chapter and shall obtain the
applicant's consent to the criminal history records search. Every set of
fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
submitted to the commissioner for purposes of clearance for employment.
  S  7.  Paragraph  a  of subdivision 9 of section 1804 of the education
law, as amended by chapter 147 of the laws of 2001, is amended  to  read
as follows:
  a.  The  board  of education shall, for purposes of a criminal history
record check, require the fingerprinting of  all  prospective  employees
pursuant  to section three thousand thirty-five of this chapter[, who do
not hold valid clearance pursuant to such section or pursuant to section
three thousand four-b of this chapter or section five hundred nine-cc or
twelve hundred twenty-nine-d of the vehicle and traffic law].  Prior  to
initiating  the  fingerprinting  process, the prospective employer shall
furnish the applicant with the form described in paragraph (c) of subdi-
vision thirty of section three hundred five of this  chapter  and  shall
obtain  the  applicant's consent to the criminal history records search.

A. 10208                            4

Every set of fingerprints taken pursuant to this  subdivision  shall  be
promptly  submitted  to  the  commissioner for purposes of clearance for
employment.
  S  8.  Subdivision 9 of section 1804 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  9. The board of education shall, for purposes of  a  criminal  history
record  check,  require  the fingerprinting of all prospective employees
pursuant to section three thousand thirty-five of this chapter[, who  do
not hold valid clearance pursuant to such section or pursuant to section
three thousand four-b of this chapter or section five hundred nine-cc or
twelve  hundred  twenty-nine-d of the vehicle and traffic law]. Prior to
initiating the fingerprinting process, the  prospective  employer  shall
furnish the applicant with the form described in paragraph (c) of subdi-
vision  thirty  of  section three hundred five of this chapter and shall
obtain the applicant's consent to the criminal history  records  search.
Every  set  of  fingerprints taken pursuant to this subdivision shall be
promptly submitted to the commissioner for  purposes  of  clearance  for
employment.
  S  9.  Subparagraph a of paragraph 11 of subdivision 4 of section 1950
of the education law, as amended by chapter 147 of the laws of 2001,  is
amended to read as follows:
  a.  Shall require, for purposes of a criminal history record check,the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of this chapter[, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this chapter or section five hundred nine-cc or twelve  hundred  twenty-
nine-d  of the vehicle and traffic law]. Prior to initiating the finger-
printing process, the prospective employer shall furnish  the  applicant
with  the  form  described  in  paragraph  (c)  of subdivision thirty of
section three hundred five of this chapter and shall obtain  the  appli-
cant's  consent  to  the  criminal  history records search. Every set of
fingerprints taken pursuant to this paragraph shall be promptly  submit-
ted to the commissioner for purposes of clearance for employment.
  S  10.  Paragraph ll of subdivision 4 of section 1950 of the education
law, as added by chapter 180 of the laws of 2000, is amended to read  as
follows:
  ll.  Shall  require,  for purposes of a criminal history record check,
the fingerprinting of all  prospective  employees  pursuant  to  section
three  thousand  thirty-five  of  this  chapter[,  who do not hold valid
clearance pursuant to such section or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d of the vehicle and traffic law]. Prior to  initiating  the
fingerprinting  process,  the  prospective  employer  shall  furnish the
applicant with the form described in paragraph (c) of subdivision thirty
of section three hundred five of  this  chapter  and  shall  obtain  the
applicant's consent to the criminal history records search. Every set of
fingerprints  taken pursuant to this paragraph shall be promptly submit-
ted to the commissioner for purposes of clearance for employment.
  S 11. Paragraph a of subdivision 18 of section 2503 of  the  education
law,  as  amended by chapter 147 of the laws of 2001, is amended to read
as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting of all prospective employees pursuant  to  section  three
thousand  thirty-five  of this chapter[, who do not hold valid clearance
pursuant to such section or pursuant to section three thousand four-b of
this chapter or section five hundred nine-cc or twelve  hundred  twenty-

A. 10208                            5

nine-d  of the vehicle and traffic law]. Prior to initiating the finger-
printing process, the prospective employer shall furnish  the  applicant
with  the  form  described  in  paragraph  (c)  of subdivision thirty of
section  three  hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history  records  search.  Every  set  of
fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
submitted to the commissioner for purposes of clearance for employment.
  S 12. Subdivision 18 of section 2503 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  18. Shall require, for purposes of a criminal  history  record  check,
the  fingerprinting  of  all  prospective  employees pursuant to section
three thousand thirty-five of this  chapter[,  who  do  not  hold  valid
clearance pursuant to such section or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d  of  the vehicle and traffic law]. Prior to initiating the
fingerprinting process,  the  prospective  employer  shall  furnish  the
applicant with the form described in paragraph (c) of subdivision thirty
of  section  three  hundred  five  of  this chapter and shall obtain the
applicant's consent to the criminal history records search. Every set of
fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
submitted to the commissioner for purposes of clearance for employment.
  S  13.  Paragraph a of subdivision 25 of section 2554 of the education
law, as amended by section 2 of chapter 91  of  the  laws  of  2002,  is
amended to read as follows:
  a. Shall require, for purposes of a criminal history record check, the
fingerprinting  of  all  prospective employees pursuant to section three
thousand thirty-five of this chapter[, who do not hold  valid  clearance
pursuant to such section or pursuant to section three thousand four-b of
this  chapter  or section five hundred nine-cc or twelve hundred twenty-
nine-d of the vehicle and traffic law]. Prior to initiating the  finger-
printing  process,  the prospective employer shall furnish the applicant
with the form described  in  paragraph  (c)  of  subdivision  thirty  of
section  three  hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history  records  search.  Every  set  of
fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
submitted to the commissioner for purposes of clearance for employment.
  S 14. Subdivision 25 of section 2554 of the education law, as  amended
by  section  4  of chapter 91 of the laws of 2002, is amended to read as
follows:
  25. Shall require, for purposes of a criminal  history  record  check,
the  fingerprinting  of  all  prospective  employees pursuant to section
three thousand thirty-five of this  chapter[,  who  do  not  hold  valid
clearance pursuant to such section or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred
twenty-nine-d  of  the vehicle and traffic law]. Prior to initiating the
fingerprinting process,  the  prospective  employer  shall  furnish  the
applicant with the form described in paragraph (c) of subdivision thirty
of  section  three  hundred  five  of  this chapter and shall obtain the
applicant's consent to the criminal history records search. Every set of
fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
submitted to the commissioner for purposes of clearance for employment.
  S 15. Subdivision 25 of section 2554 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  25.  Shall  require,  for purposes of a criminal history record check,
except in the city school district of the city of New York, the  finger-
printing of all prospective employees pursuant to section three thousand

A. 10208                            6

thirty-five  of  this chapter[, who do not hold valid clearance pursuant
to such section or pursuant to section three  thousand  four-b  of  this
chapter  or section five hundred nine-cc or twelve hundred twenty-nine-d
of  the vehicle and traffic law]. Prior to initiating the fingerprinting
process, the prospective employer shall furnish the applicant  with  the
form  described  in paragraph (c) of subdivision thirty of section three
hundred five of this chapter and shall obtain the applicant's consent to
the criminal history records search. Every  set  of  fingerprints  taken
pursuant  to this subdivision shall be promptly submitted to the commis-
sioner for purposes of clearance for employment.
  S 16. Subparagraph (i) of paragraph (a-2) of subdivision 3 of  section
2854  of  the  education  law,  as amended by chapter 147 of the laws of
2001, is amended to read as follow:
  (i) The board of trustees of  a  charter  school  shall  require,  for
purposes  of  a criminal history record check, the fingerprinting of all
prospective employees pursuant to section three thousand thirty-five  of
this  chapter[, who do not hold valid clearance pursuant to such section
or pursuant to section three thousand four-b of this chapter or  section
five  hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and
traffic law].  Prior  to  initiating  the  fingerprinting  process,  the
prospective employer shall furnish the applicant with the form described
in  paragraph (c) of subdivision thirty of section three hundred five of
this chapter and shall obtain the applicant's consent  to  the  criminal
history records search. Every set of fingerprints taken pursuant to this
paragraph  shall  be promptly submitted to the commissioner for purposes
of clearance for employment.
  S 17. Paragraph (a-2) of subdivision 3 of section 2854 of  the  educa-
tion  law,  as  added  by chapter 180 of the laws of 2000, is amended to
read as follows:
  (a-2) The board of trustees of a charter  school  shall  require,  for
purposes  of  a criminal history record check, the fingerprinting of all
prospective employees pursuant to section three thousand thirty-five  of
this  chapter[, who do not hold valid clearance pursuant to such section
or pursuant to section three thousand four-b of this chapter or  section
five  hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and
traffic law].  Prior  to  initiating  the  fingerprinting  process,  the
prospective employer shall furnish the applicant with the form described
in  paragraph (c) of subdivision thirty of section three hundred five of
this chapter and shall obtain the applicant's consent  to  the  criminal
history records search. Every set of fingerprints taken pursuant to this
paragraph  shall  be promptly submitted to the commissioner for purposes
of clearance for employment.
  S 18. Subdivision 2 of section 3001-d of the education law,  as  added
by chapter 630 of the laws of 2006, is amended to read as follows:
  2.  Any  nonpublic  or  private  elementary  or  secondary  school may
require, for the purposes of a criminal history record check, the  fing-
erprinting  of all prospective employees pursuant to section three thou-
sand thirty-five of this article[,  who  do  not  hold  valid  clearance
pursuant to such section or pursuant to section three thousand four-b of
this  article  or section five hundred nine-cc or twelve hundred twenty-
nine-d of the vehicle and traffic law]. Prior to initiating the  finger-
printing  process,  the prospective employer shall furnish the applicant
with the form described  in  paragraph  (c)  of  subdivision  thirty  of
section  three  hundred five of this chapter and shall obtain the appli-
cant's consent to the criminal history record search. Every set of fing-

A. 10208                            7

erprints taken pursuant to this section shall be promptly  submitted  to
the commissioner for the purposes of clearance for employment.
  S 19. This act shall take effect immediately, provided that:
  (a)  the amendments to subdivision 39 of section 1604 of the education
law made by section three of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter  147
of  the  laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect;
  (b) the amendments to subdivision 39 of section 1709 of the  education
law  made by section five of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter  147
of  the  laws of 2001, as amended, when upon such date the provisions of
section six of this act shall take effect;
  (c) the amendments to subdivision 9 of section 1804 of  the  education
law made by section seven of this act shall be subject to the expiration
and  reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the  provisions  of
section eight of this act shall take effect;
  (d)  the  amendments to subdivision 4 of section 1950 of the education
law made by section nine of this act shall be subject to the  expiration
and  reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the  provisions  of
section ten of this act shall take effect;
  (e)  the amendments to subdivision 18 of section 2503 of the education
law made by section eleven of this act shall be subject to  the  expira-
tion and reversion of such subdivision pursuant to section 12 of chapter
147  of the laws of 2001, as amended, when upon such date the provisions
of section twelve of this act shall take effect;
  (f) the amendments to subdivision 25 of section 2554 of the  education
law made by section thirteen of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 12 of chapter
147  of the laws of 2001, as amended, when upon such date the provisions
of section fourteen of this act shall take effect;
  (g) the amendments to subdivision 25 of section 2554 of the  education
law made by section fourteen of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 34 of chapter
91  of  the laws of 2002, as amended, when upon such date the provisions
of section fifteen of this act shall take effect; and
  (h) the amendments to subdivision 3 of section 2854 of  the  education
law  made by section sixteen of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 12 of chapter
147 of the laws of 2001, as amended, when upon such date the  provisions
of section seventeen of this act shall take effect.

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Assembly Bill A10208

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Archive: Last Bill Status - In Assembly Committee

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Sponsored By

PAULIN

Archive: Last Bill Status - In Assembly Committee

Actions

2015-A10208 (ACTIVE) - Details

2015-A10208 (ACTIVE) - Summary

2015-A10208 (ACTIVE) - Bill Text download pdf

Comments