S T A T E   O F   N E W   Y O R K
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                                  3367

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

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
surcharge of fifty dollars. The  comptroller  is  hereby  authorized  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00851-01-5
              

A. 3367                             2

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.