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

                                  3412

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M. of A. LENTOL -- Multi-Sponsored by -- M. of A. MAGEE,
  MARKEY -- read once and referred to the Committee on Codes

AN ACT to amend the general business law, the mental  hygiene  law,  the
  public  health  law, the social services law and the executive law, in
  relation to the review of criminal history information  by  authorized
  employers; and creates the commission on criminal history information

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

  Section 1.  Section 171 of the general  business  law  is  amended  by
adding two new subdivisions 12 and 13 to read as follows:
  12.  "IN-HOME CHILD CARE PROVIDER" SHALL MEAN ANY PERSON WHO CARES FOR
ONE OR MORE CHILDREN IN THE HOME OF ONE OF SUCH CHILDREN  REGARDLESS  OF
THE  NUMBER OF HOURS PER WEEK THAT SUCH CHILD CARE IS PROVIDED. A PERSON
SHALL BE CONSIDERED AN "IN-HOME CHILD CARE PROVIDER" WHETHER OR NOT SUCH
PERSON LIVES IN OR OUTSIDE THE  HOME  OF  THE  CHILD/CHILDREN  FOR  WHOM
HE/SHE IS PROVIDING CARE.
  13.  "IN-HOME  CHILD  CARE PLACEMENT AGENCY" SHALL MEAN ANY EMPLOYMENT
AGENCY WHICH, FOR A FEE, PROCURES OR ATTEMPTS TO PROCURE EMPLOYMENT  FOR
IN-HOME  CHILD  CARE  PROVIDERS  WHETHER  OR  NOT THE AGENCY PROCURES OR
ATTEMPTS TO PROCURE OTHER TYPES OF EMPLOYMENT OR ENGAGEMENTS.
  S 2. The general business law is amended by adding a new section 184-b
to read as follows:
  S 184-B. REVIEW OF CRIMINAL  HISTORY  INFORMATION  CONCERNING  CERTAIN
PERSONS AVAILABLE FOR PLACEMENT AS IN-HOME CHILD CARE PROVIDERS.  1.  AN
IN-HOME  CHILD PLACEMENT AGENCY MAY REQUEST AND IS AUTHORIZED TO RECEIVE
FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES CRIMINAL HISTORY INFORMA-
TION, AS SUCH PHRASE IS DEFINED IN PARAGRAPH A  OF  SUBDIVISION  ONE  OF
SECTION  EIGHT  HUNDRED  FORTY-FIVE-C  OF  THE EXECUTIVE LAW, CONCERNING
PERSONS SEEKING EMPLOYMENT AS AN IN-HOME CHILD CARE PROVIDER PURSUANT TO
SUCH AGENCY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02947-01-5

              

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  2. ACCESS TO AND THE USE OF SUCH  INFORMATION  SHALL  BE  GOVERNED  BY
SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
  S  3.  The mental hygiene law is amended by adding a new section 16.39
to read as follows:
S 16.39 REVIEW OF CRIMINAL HISTORY  INFORMATION  CONCERNING  PROSPECTIVE
            EMPLOYEES.
  (A)  EVERY PROVIDER OF SERVICES ISSUED AN OPERATING CERTIFICATE PURSU-
ANT TO THIS ARTICLE, EXCEPT A "DEPARTMENT  FACILITY"  AS  THAT  TERM  IS
DEFINED  IN  SUBDIVISION  SEVEN  OF  SECTION 1.03 OF THIS CHAPTER, SHALL
REQUEST AND IS AUTHORIZED TO  RECEIVE  FROM  THE  DIVISION  OF  CRIMINAL
JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED
IN  PARAGRAPH A OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C
OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE OF SUCH ENTI-
TY WHO HAS OR WILL HAVE DIRECT  CONTACT  OR  THE  POTENTIAL  FOR  DIRECT
CONTACT WITH ANY PATIENT OR CLIENT OF SUCH ENTITY.
  (B)  ACCESS  TO  AND  THE USE OF SUCH INFORMATION SHALL BE GOVERNED BY
SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
  S 4. The mental hygiene law is amended by adding a new  section  31.39
to read as follows:
S 31.39 REVIEW  OF  CRIMINAL  HISTORY INFORMATION CONCERNING PROSPECTIVE
          EMPLOYEES.
  (A) EVERY PROVIDER OF SERVICES ISSUED AN OPERATING CERTIFICATE  PURSU-
ANT  TO  THIS  ARTICLE,  EXCEPT  A "DEPARTMENT FACILITY" AS THAT TERM IS
DEFINED IN SUBDIVISION SEVEN OF SECTION  1.03  OF  THIS  CHAPTER,  SHALL
REQUEST  AND  IS  AUTHORIZED  TO  RECEIVE  FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED
IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED  FORTY-FIVE-C
OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE OF SUCH ENTI-
TY  WHO  HAS  OR  WILL  HAVE  DIRECT CONTACT OR THE POTENTIAL FOR DIRECT
CONTACT WITH ANY PATIENT OR CLIENT OF SUCH ENTITY.
  (B) ACCESS TO AND THE USE OF SUCH INFORMATION  SHALL  BE  GOVERNED  BY
SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
  S  5. Article 28-D of the public health law is amended by adding a new
title 2-A to read as follows:
                                TITLE II-A
                 REVIEW OF CRIMINAL HISTORY INFORMATION
                           CONCERNING CERTAIN
                        PROSPECTIVE EMPLOYEES OF
                         NURSING HOMES AND HOME
                         CARE SERVICES AGENCIES
SECTION 2896-P. REVIEW  OF  CRIMINAL  HISTORY   INFORMATION   CONCERNING
                CERTAIN  PROSPECTIVE EMPLOYEES OF NURSING HOMES AND HOME
                CARE SERVICES AGENCIES.
  S 2896-P. REVIEW OF CRIMINAL HISTORY  INFORMATION  CONCERNING  CERTAIN
PROSPECTIVE  EMPLOYEES OF NURSING HOMES AND HOME CARE SERVICES AGENCIES.
1. EVERY CERTIFIED HOME HEALTH AGENCY, LICENSED HOME CARE SERVICES AGEN-
CY OR LONG TERM HOME HEALTH CARE PROGRAM CERTIFIED UNDER  ARTICLE  THIR-
TY-SIX  OF THIS CHAPTER, RESIDENTIAL HEALTH CARE FACILITY LICENSED UNDER
THIS ARTICLE, HOME CARE SERVICES AGENCY  EXEMPT  FROM  CERTIFICATION  OR
LICENSURE  UNDER  ARTICLE  THIRTY-SIX  OF  THIS  CHAPTER, AND HOSPICE AS
DEFINED IN SECTION FOUR THOUSAND TWO OF THIS CHAPTER SHALL  REQUEST  AND
IS  AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES
CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED IN  PARAGRAPH  A
OF  SUBDIVISION  ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECU-
TIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE OF SUCH ENTITY WHO HAS OR

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WILL HAVE DIRECT CONTACT OR THE POTENTIAL FOR DIRECT  CONTACT  WITH  ANY
PATIENT OR CLIENT OF SUCH ENTITY.
  2.  ACCESS  TO  AND  THE  USE OF SUCH INFORMATION SHALL BE GOVERNED BY
SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
  S 6. The social services law is amended by adding a new section  390-j
to read as follows:
  S  390-J.  REVIEW OF CRIMINAL HISTORY INFORMATION REGARDING CHILD CARE
PROVIDERS.  1. EVERY CHILD DAY CARE PROVIDER REQUIRED TO BE LICENSED  OR
REGISTERED  WITH THE DEPARTMENT PURSUANT TO SECTION THREE HUNDRED NINETY
OF THIS TITLE SHALL REQUEST AND IS AUTHORIZED TO RECEIVE FROM THE  DIVI-
SION  OF CRIMINAL JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH
PHRASE IS DEFINED IN PARAGRAPH A OF SUBDIVISION  ONE  OF  SECTION  EIGHT
HUNDRED  FORTY-FIVE-C  OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE
EMPLOYEE OF SUCH ENTITY WHO HAS OR  WILL  HAVE  DIRECT  CONTACT  OR  THE
POTENTIAL  FOR  DIRECT  CONTACT  WITH  ANY  CHILD UNDER THE CARE OF SUCH
PROVIDER.
  2. A PROGRAM, SCHOOL OR FACILITY DESCRIBED  IN  SUBPARAGRAPH  (II)  OF
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS
TITLE  MAY  REQUEST  AND  IS  AUTHORIZED TO RECEIVE FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS  SUCH  PHRASE
IS  DEFINED  IN  PARAGRAPH A OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
FORTY-FIVE-C OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE  EMPLOYEE
OF  SUCH ENTITY WHO HAS OR WILL HAVE DIRECT CONTACT OR THE POTENTIAL FOR
DIRECT CONTACT WITH ANY CHILD UNDER THE CARE OF SUCH PROVIDER.
  3. ACCESS TO AND THE USE OF CRIMINAL HISTORY INFORMATION  PURSUANT  TO
SUBDIVISIONS  ONE  AND  TWO OF THIS SECTION SHALL BE GOVERNED BY SECTION
EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
  S 7. Subdivision 9 of section 835 of the executive law, as  separately
amended  by  chapters 14 and 155 of the laws of 2012, is amended to read
as follows:
  9. "Qualified agencies" means courts in the unified court system,  the
administrative  board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department  of
corrections  and  community supervision, the department of correction of
any municipality, the financial frauds and consumer protection  unit  of
the  state  department of financial services, the office of professional
medical conduct of the state department of health for  the  purposes  of
section  two  hundred thirty of the public health law, the child protec-
tive services unit of a local social services district  when  conducting
an  investigation  pursuant  to  subdivision six of section four hundred
twenty-four of the social services law, the office of Medicaid inspector
general, the temporary state commission of investigation, THE COMMISSION
ON CRIMINAL HISTORY INFORMATION, police forces  and  departments  having
responsibility  for  enforcement  of  the  general  criminal laws of the
state, the Onondaga County Center for Forensic Sciences Laboratory  when
acting  within  the scope of its law enforcement duties and the division
of forensic services of the Nassau county medical examiner's office when
acting within the scope of its law enforcement duties.
  S 8. The executive law is amended by adding three new sections  845-c,
845-d and 845-e to read as follows:
  S  845-C.  REQUESTS  FOR  CRIMINAL  HISTORY  INFORMATION BY AUTHORIZED
EMPLOYERS.  1. AS USED IN THIS SECTION:
  A.   "CRIMINAL HISTORY INFORMATION" SHALL MEAN  A  RECORD  OF  PENDING
CRIMINAL   CHARGES,  CRIMINAL  CONVICTIONS  WHICH  ARE  NOT  VACATED  OR
REVERSED, AND CERTIFICATES FILED PURSUANT TO SUBDIVISION TWO OF  SECTION
SEVEN  HUNDRED  FIVE  OF  THE  CORRECTION LAW, AND WHICH THE DIVISION OF

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CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO MAINTAIN PURSUANT TO SUBDIVI-
SION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS ARTICLE.
  B.  "EMPLOYER"  SHALL  MEAN  A  PERSON OR ENTITY AUTHORIZED TO REQUEST
CRIMINAL  HISTORY  INFORMATION  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION.
  C. "PROSPECTIVE EMPLOYEE" SHALL MEAN A PERSON WHO FILES AN APPLICATION
FOR  EMPLOYMENT  AND  THE  EMPLOYER HAS A REASONABLE EXPECTATION TO HIRE
SUCH PERSON, AND FOR WHOM THE EMPLOYER IS AUTHORIZED TO REQUEST CRIMINAL
HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  D. "AUTHORIZED PERSON" SHALL MEAN  ONE  INDIVIDUAL  DESIGNATED  BY  AN
EMPLOYER  WHO  IS  AUTHORIZED  TO  REQUEST,  RECEIVE AND REVIEW CRIMINAL
HISTORY INFORMATION PURSUANT TO THIS  SECTION,  EXCEPT  THAT  WHERE  THE
NUMBER  OF  APPLICATIONS  RECEIVED  BY  AN EMPLOYER IS SO GREAT THAT ONE
PERSON CANNOT REASONABLY PERFORM THE FUNCTIONS OF THE AUTHORIZED PERSON,
AN EMPLOYER MAY DESIGNATE ONE OR MORE ADDITIONAL PERSONS TO SERVE AS  AN
AUTHORIZED PERSON PURSUANT TO THIS SECTION.
  2.  WHERE  AN EMPLOYER IS AUTHORIZED OR REQUIRED TO REQUEST AND REVIEW
CRIMINAL  HISTORY  INFORMATION   PURSUANT   TO   SECTION   ONE   HUNDRED
EIGHTY-FOUR-B OF THE GENERAL BUSINESS LAW, SECTION 16.39 OR 31.39 OF THE
MENTAL  HYGIENE  LAW,  SECTION  TWENTY-EIGHT HUNDRED NINETY-SIX-P OF THE
PUBLIC HEALTH LAW OR  SECTION  THREE  HUNDRED  NINETY-J  OF  THE  SOCIAL
SERVICES  LAW, SUCH EMPLOYER SHALL PROCEED PURSUANT TO THE PROVISIONS OF
THIS SECTION AND IN A MANNER CONSISTENT WITH THE PROVISIONS  OF  ARTICLE
TWENTY-THREE-A  OF  THE CORRECTION LAW, SUBDIVISIONS FIFTEEN AND SIXTEEN
OF SECTION TWO HUNDRED NINETY-SIX OF THIS CHAPTER AND ALL OTHER APPLICA-
BLE LAWS.
  3. A. AN EMPLOYER AUTHORIZED TO REQUEST AND RECEIVE  CRIMINAL  HISTORY
INFORMATION  PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL DESIGNATE
ONE AUTHORIZED PERSON WHO SHALL REQUEST,  RECEIVE  AND  REVIEW  CRIMINAL
HISTORY INFORMATION ON BEHALF OF SUCH EMPLOYER PURSUANT TO THIS SECTION.
ONLY  SUCH  AUTHORIZED  PERSON AND THE PROSPECTIVE EMPLOYEE TO WHOM SUCH
CRIMINAL HISTORY INFORMATION RELATES SHALL HAVE ACCESS TO SUCH  INFORMA-
TION;  PROVIDED,  HOWEVER, THAT CRIMINAL HISTORY INFORMATION RECEIVED BY
AN EMPLOYER MAY BE DISCLOSED TO OTHER PERSONS WHO ARE  DIRECTLY  PARTIC-
IPATING IN THE DECISION TO EMPLOY SUCH PROSPECTIVE EMPLOYEE AND PROVIDED
FURTHER  THAT  SUCH OTHER PERSONS SHALL ALSO BE SUBJECT TO THE CONFIDEN-
TIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF  THIS  SECTION.    EACH
EMPLOYER  SHALL  SPECIFICALLY  IDENTIFY  TO THE DIVISION, IN WRITING, IN
ADVANCE OF DISCLOSURE, THE AUTHORIZED PERSON AND EACH OTHER  SUCH  AGENT
OR  EMPLOYEE OF THE EMPLOYER WHO IS PERMITTED 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.    SUCH  FORM  SHALL INCLUDE A SWORN STATEMENT OF THE
AUTHORIZED PERSON CERTIFYING THAT: (I) THE PERSON WHOSE CRIMINAL HISTORY
INFORMATION IS REQUESTED HAS APPLIED TO BE AN EMPLOYEE FOR WHOM CRIMINAL
HISTORY INFORMATION IS AVAILABLE BY  LAW;  (II)  THE  SPECIFIC  TYPE  OF
PROSPECTIVE  EMPLOYMENT  AND,  WHERE  APPLICABLE, PROSPECTIVE EMPLOYMENT
DUTIES WHICH QUALIFY THE EMPLOYER TO REVIEW  CRIMINAL  HISTORY  INFORMA-
TION;  (III)  SUCH  CRIMINAL  HISTORY  INFORMATION  WILL  BE USED BY THE
EMPLOYER SOLELY FOR PURPOSES AUTHORIZED BY LAW; AND  (IV)  THE  EMPLOYER
AND  ITS  AGENTS AND EMPLOYEES ARE AWARE OF AND WILL ABIDE BY THE CONFI-
DENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS ARTICLE.
  C.  AN EMPLOYER AUTHORIZED TO  REQUEST  CRIMINAL  HISTORY  INFORMATION
PURSUANT  TO THIS SECTION MAY INQUIRE OF THE PROSPECTIVE EMPLOYEE IN THE
MANNER AUTHORIZED BY SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED  NINETY-

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SIX  OF THIS CHAPTER.  PRIOR TO REQUESTING SUCH INFORMATION, AN EMPLOYER
SHALL:
  (I)  INFORM  THE  PROSPECTIVE EMPLOYEE IN WRITING THAT THE EMPLOYER IS
AUTHORIZED OR, WHERE APPLICABLE, REQUIRED TO REQUEST HIS OR HER CRIMINAL
HISTORY INFORMATION FROM THE DIVISION AND REVIEW SUCH INFORMATION PURSU-
ANT TO THIS SECTION;
  (II) INFORM THE PROSPECTIVE EMPLOYEE THAT HE OR SHE HAS THE  RIGHT  TO
OBTAIN, REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFOR-
MATION  PURSUANT  TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVI-
SION;
  (III) OBTAIN THE SIGNED, INFORMED CONSENT OF THE PROSPECTIVE  EMPLOYEE
ON  A  FORM SUPPLIED BY THE DIVISION OF WHICH INDICATES THAT SUCH PERSON
HAS:
  (A) BEEN INFORMED OF THE RIGHT AND  PROCEDURES  NECESSARY  TO  OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
  (B)  BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION;
  (C) CONSENTED TO SUCH REQUEST FOR A REPORT; AND
  (D) SUPPLIED ON THE FORM A CURRENT MAILING OR  HOME  ADDRESS  FOR  THE
PROSPECTIVE EMPLOYEE.
UPON  RECEIVING  SUCH  WRITTEN  CONSENT,  THE  EMPLOYER SHALL RECEIVE OR
OBTAIN THE FINGERPRINTS OF SUCH PROSPECTIVE EMPLOYEE PURSUANT  TO  REGU-
LATIONS ESTABLISHED BY THE DIVISION.
  D.  A  PROSPECTIVE  EMPLOYEE  MAY  WITHDRAW HIS OR HER APPLICATION FOR
EMPLOYMENT PURSUANT TO THIS SECTION,  WITHOUT  PREJUDICE,  AT  ANY  TIME
BEFORE  EMPLOYMENT  IS  OFFERED  OR  DECLINED, REGARDLESS OF WHETHER THE
PROSPECTIVE EMPLOYEE OR EMPLOYER HAS REVIEWED SUCH  PROSPECTIVE  EMPLOY-
EE'S CRIMINAL HISTORY INFORMATION.
  E.  THE  DIVISION SHALL PROVIDE REQUESTED CRIMINAL HISTORY INFORMATION
WITHIN FIFTEEN BUSINESS DAYS AFTER THE RECEIPT OF A REQUEST PURSUANT  TO
THIS SECTION IF SUCH REQUEST IS:
  (I)  MADE  BY AN AUTHORIZED PERSON ON BEHALF OF AN EMPLOYER AUTHORIZED
TO RECEIVE CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION  TWO  OF
THIS SECTION;
  (II) ACCOMPANIED BY THE COMPLETED FORMS DESCRIBED IN THIS SUBDIVISION;
  (III)    ACCOMPANIED  BY  FINGERPRINTS  OF  THE  PROSPECTIVE  EMPLOYEE
OBTAINED PURSUANT TO THIS SUBDIVISION.
  F. CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION  PURSUANT  TO
THIS  SECTION  SHALL BE FURNISHED ONLY BY MAIL OR OTHER METHOD OF SECURE
AND CONFIDENTIAL DELIVERY, ADDRESSED TO THE  AUTHORIZED  PERSON.    SUCH
INFORMATION AND THE ENVELOPE IN WHICH IT IS ENCLOSED SHALL BE PROMINENT-
LY  MARKED  "CONFIDENTIAL",  AND SHALL AT ALL TIMES BE MAINTAINED BY THE
EMPLOYER IN A SECURE PLACE.
  G.  ANY NEGLIGENT DISCLOSURE OF A CONFIDENTIAL REPORT, RECEIVED BY  AN
EMPLOYER  PURSUANT TO THIS SECTION, TO A PERSON NOT AUTHORIZED TO REVIEW
IT SHALL ENTITLE THE SUBJECT OF SUCH REPORT TO AN AWARD OF  COMPENSATORY
DAMAGES  FROM  THE  EMPLOYER, TOGETHER WITH THE COSTS OF THE ACTION. ANY
RECKLESS DISCLOSURE OF A CONFIDENTIAL REPORT, RECEIVED  BY  AN  EMPLOYER
PURSUANT  TO THIS SECTION, TO A PERSON NOT AUTHORIZED TO REVIEW IT SHALL
ENTITLE THE SUBJECT OF SUCH REPORT TO THREE TIMES THE AWARD OF COMPENSA-
TORY DAMAGES FROM THE EMPLOYER, TOGETHER WITH THE COSTS OF  THE  ACTION.
ANY  INTENTIONAL  DISCLOSURE  OF  A  CONFIDENTIAL REPORT, RECEIVED BY AN
EMPLOYER PURSUANT TO THIS SECTION, TO A PERSON NOT AUTHORIZED TO  REVIEW
IT  SHALL ENTITLE THE SUBJECT OF SUCH REPORT TO THREE TIMES THE AWARD OF
COMPENSATORY DAMAGES FROM THE EMPLOYER, TOGETHER WITH THE COSTS  OF  THE
ACTION, AND SUCH PLAINTIFF MAY RECOVER PUNITIVE DAMAGES AS WELL.

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  H.  FINGERPRINTS  RECEIVED  BY  THE  DIVISION PURSUANT TO THIS SECTION
SHALL BE USED ONLY TO ASSIST THE DIVISION IN PROVIDING CRIMINAL  HISTORY
INFORMATION  TO  AUTHORIZED  EMPLOYERS  PURSUANT TO THIS SECTION.   SUCH
FINGERPRINTS SHALL BE RETURNED TO THE PERSON WHO IS THE SUBJECT OF  SUCH
FINGERPRINTS   WITHIN  NINETY  DAYS  AFTER  THE  DIVISION  SUPPLIES  THE
REQUESTED CRIMINAL HISTORY  INFORMATION  OR  RECEIVES  NOTICE  THAT  THE
PERSON  HAS  WITHDRAWN  THE APPLICATION FOR EMPLOYMENT, OR AT SUCH OTHER
TIME AS AUTHORIZED PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO OF SECTION
EIGHT HUNDRED FORTY-FIVE-E OF THIS ARTICLE.
  4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION  EIGHT-A  OF  SECTION
EIGHT  HUNDRED  THIRTY-SEVEN  OF  THIS  ARTICLE OR ANY OTHER LAW, NO FEE
SHALL BE CHARGED FOR ANY CRIMINAL HISTORY REPORT  PROVIDED  PURSUANT  TO
THIS  SECTION OR SUBDIVISION TWENTY OF SECTION TWENTY-FIVE HUNDRED NINE-
TY-H OF THE EDUCATION LAW.
  5. THE COMMISSIONER SHALL, SUBJECT TO THE APPROVAL OF  THE  COMMISSION
ON  CRIMINAL  HISTORY  INFORMATION, PROMULGATE ALL RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE  PROVISIONS  OF  THIS  SECTION,  WHICH  SHALL
INCLUDE CONVENIENT PROCEDURES FOR PERSONS TO PROMPTLY VERIFY THE ACCURA-
CY  OF  THEIR CRIMINAL HISTORY INFORMATION AND, TO THE EXTENT AUTHORIZED
BY LAW, TO HAVE ACCESS TO RELEVANT DOCUMENTS RELATED THERETO.  IN  ADDI-
TION,  ANY SUCH RULE OR REGULATION PROMULGATED BY THE COMMISSIONER PRIOR
TO THE EFFECTIVE DATE OF SECTION  EIGHT  HUNDRED  FORTY-FIVE-E  OF  THIS
ARTICLE  SHALL  BE INEFFECTIVE AND DEEMED REPEALED IF DISAPPROVED BY THE
COMMISSION, WHEN FORMED, BY MAJORITY VOTE.
  6. NOTHING HEREIN SHALL BE  CONSTRUED  OR  INTERPRETED  TO  ALTER  THE
PROVISIONS  OF  ARTICLE  TWENTY-THREE-A OF THE CORRECTION LAW OR SECTION
TWO HUNDRED NINETY-EIGHT OF THIS CHAPTER, NOR IN ANY  WAY  DIMINISH  THE
INTEGRITY  OF  COLLECTIVE  BARGAINING  AGREEMENTS  NEGOTIATED BETWEEN AN
EMPLOYER AND ANY CERTIFIED OR AUTHORIZED COLLECTIVE BARGAINING AGENT FOR
AN EMPLOYEE OR PROSPECTIVE EMPLOYEE, NOR TO DIMINISH RIGHTS WHICH ACCRUE
TO SUCH EMPLOYEES OR PROSPECTIVE EMPLOYEES PURSUANT TO SUCH AGREEMENTS.
  S 845-D. COMMISSION ON CRIMINAL HISTORY INFORMATION. THERE  IS  HEREBY
CREATED  IN  THE EXECUTIVE DEPARTMENT THE COMMISSION ON CRIMINAL HISTORY
INFORMATION, WHICH SHALL CONSIST OF THE  FOLLOWING  TWELVE  MEMBERS  WHO
SHALL  BE APPOINTED NO LESS THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF
THIS SECTION:
  1. THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR:
  A. ONE SUCH MEMBER SHALL BE THE COMMISSIONER;
  B. ONE SUCH MEMBER SHALL BE  APPOINTED  ON  THE  RECOMMENDATION  OF  A
STATEWIDE  ORGANIZATION  OF EMPLOYERS, WHOSE MEMBERSHIP INCLUDES EMPLOY-
ERS, AS SUCH TERM IS DEFINED  IN  PARAGRAPH  B  OF  SUBDIVISION  ONE  OF
SECTION EIGHT HUNDRED FORTY-FIVE-C OF THIS ARTICLE;
  C.  ONE  SUCH  MEMBER SHALL BE A REPRESENTATIVE OF LABOR, WHO SHALL BE
APPOINTED ON THE RECOMMENDATION OF THE NEW YORK STATE FEDERATION OF  THE
AFL-CIO;
  2. THREE MEMBERS SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF
APPEALS:
  A.  ONE  SUCH MEMBER SHALL BE A JUDGE OR FORMER JUDGE WHO HAS SUBSTAN-
TIAL EXPERIENCE IN PRESIDING OVER COURTS OF CRIMINAL JURISDICTION;
  B. ONE SUCH MEMBER SHALL BE AN ACADEMIC EXPERT WITH SIGNIFICANT  EXPE-
RIENCE  IN  COMPUTER HARDWARE AND SOFTWARE APPLICATIONS AND COMPUTERIZED
ACCESS TO DATABASE INFORMATION;
  C. ONE SUCH MEMBER SHALL BE AN EXPERT IN PRIVACY ISSUES;
  3. TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE
SENATE;
  4. TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;

A. 3412                             7

  5. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
AND
  6.  ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY.
  S 845-E. POWERS AND DUTIES  OF  THE  COMMISSION  ON  CRIMINAL  HISTORY
INFORMATION.  1.  AFTER  REVIEW AND STUDY AND INVITING AND RECEIVING ANY
PUBLIC COMMENT, THE COMMISSION ON CRIMINAL HISTORY INFORMATION,  HEREIN-
AFTER  REFERRED  TO  AS  THE  COMMISSION, SHALL PROMULGATE STANDARDS AND
REGULATIONS GOVERNING THE PROCEDURES OF THE DIVISION PURSUANT TO SECTION
EIGHT HUNDRED FORTY-FIVE-C OF THIS ARTICLE, INCLUDING THE  PROVISION  OF
CRIMINAL  HISTORY  INFORMATION  TO  AUTHORIZED  EMPLOYERS  AND EMPLOYEES
PURSUANT TO SUCH SECTION. THE STANDARDS AND REGULATIONS  PROMULGATED  BY
THE COMMISSION SHALL INCLUDE PROCEDURES DESIGNED TO ASSURE THAT:
  A.  CRIMINAL  HISTORY INFORMATION PROVIDED TO AUTHORIZED EMPLOYERS AND
PROSPECTIVE EMPLOYERS INCLUDES ONLY SUCH INFORMATION AS MAY BE DISCLOSED
BY LAW AND IS ACCURATE, UP TO DATE AND PROVIDED IN A TIMELY MANNER;
  B. UP-TO-DATE STATUS INFORMATION IS MAINTAINED  SO  THAT  CASES  WHICH
HAVE BEEN DISPOSED OF ARE ACCURATELY REPORTED;
  C.  TO  THE  MAXIMUM EXTENT POSSIBLE, ALL PROVISIONS OF LAW CONCERNING
THE CONFIDENTIALITY OF FINGERPRINTS AND CRIMINAL HISTORY INFORMATION ARE
OBSERVED BY THE DIVISION, BY EMPLOYERS AND PROSPECTIVE EMPLOYERS AUTHOR-
IZED BY LAW TO REVIEW SUCH INFORMATION, AND BY THEIR AGENTS AND ASSIGNS;
  D. FREQUENT AUDITS AND REVIEWS OF THE CRIMINAL HISTORY DATABASE, MAIN-
TAINED PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN
OF THIS ARTICLE, ARE CONDUCTED BY A QUALIFIED, INDEPENDENT,  NON-GOVERN-
MENTAL  ENTITY,  THE  RESULTS  OF  WHICH  SHALL BE MADE AVAILABLE TO THE
PUBLIC, AND WHICH SHALL ASSESS AND MONITOR  THE  ACCURACY,  COMPLETENESS
AND TIMELINESS OF DATABASE INFORMATION, INCLUDING THE DIVISION'S COMPLI-
ANCE  WITH  ALL  APPLICABLE LAWS WITH RESPECT TO THE MAINTENANCE OF SUCH
RECORDS.
  2. FOR EACH CATEGORY OF EMPLOYERS AUTHORIZED TO HAVE ACCESS TO  CRIMI-
NAL  HISTORY  INFORMATION PURSUANT TO SECTION EIGHT HUNDRED FORTY-FIVE-C
OF THIS ARTICLE, THE COMMISSION SHALL, AFTER REVIEW AND STUDY AND INVIT-
ING AND RECEIVING ANY PUBLIC COMMENT, PROMULGATE  STANDARDS  AND  PROCE-
DURES FOR THE FOLLOWING MATTERS:
  A.  WHETHER,  INSTEAD OF RETURNING FINGERPRINTS UPON COMPLETION OF THE
INITIAL SEARCH, THE DIVISION SHALL SUBJECT ALL OR SELECTED CATEGORIES OF
THE FINGERPRINTS OBTAINED BY THE DIVISION PURSUANT TO  SUCH  SECTION  TO
THE DIVISION'S FULL SEARCH AND RETAIN PROCEDURES; AND
  B.  WHETHER  SUCH  EMPLOYER,  OR  ANY  ONE OR MORE SUBCATEGORY OF SUCH
PERSON OR ENTITY'S PROSPECTIVE EMPLOYEES, SHALL,  IN  ADDITION  TO  SUCH
AUTHORIZED  OR  REQUIRED STATE CRIMINAL HISTORY CHECKS, BE AUTHORIZED OR
REQUIRED TO SUBMIT OR CAUSE THE SUBMISSION OF FINGERPRINTS TO THE FEDER-
AL BUREAU OF INVESTIGATION FOR  A  NATIONWIDE  CRIMINAL  HISTORY  SEARCH
CONCERNING SUCH PERSON PURSUANT TO APPLICABLE FEDERAL LAWS.
  3.  NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT BY VIRTUE OF HIS OR HER APPOINTMENT HEREUNDER. MEMBERS  OF
THE  COMMISSION  SHALL  RECEIVE  NO  COMPENSATION FOR THEIR SERVICES BUT
SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR FUNCTIONS HEREUNDER. A MEMBER OF THE COMMISSION MAY
BE REMOVED BY THE APPOINTING AUTHORITY ONLY FOR GOOD CAUSE, AFTER NOTICE
AND  AN  OPPORTUNITY  TO BE HEARD. VACANCIES SHALL BE FILLED IN THE SAME
MANNER AS ORIGINAL APPOINTMENTS.
  4. THE COMMISSION SHALL BE AUTHORIZED TO:

A. 3412                             8

  A. CALL UPON ANY COURT, AGENCY, DEPARTMENT, OFFICE, DIVISION OR PUBLIC
AUTHORITY OF THIS STATE TO SUPPLY IT WITH SUCH INFORMATION  AND  ASSIST-
ANCE  AS  THE  COMMISSION  DEEMS NECESSARY TO DISCHARGE ITS RESPONSIBIL-
ITIES. EACH COURT,  AGENCY,  DEPARTMENT,  OFFICE,  DIVISION  AND  PUBLIC
AUTHORITY  OF THIS STATE SHALL COOPERATE WITH THE COMMISSION AND FURNISH
SUCH INFORMATION  AND  ASSISTANCE  AS  IT  REQUESTS  TO  ACCOMPLISH  ITS
PURPOSES;
  B.  CONDUCT  PUBLIC  HEARINGS,  HEAR  THE  TESTIMONY  OF WITNESSES AND
REQUIRE THE PRODUCTION OF ANY DOCUMENTS THE COMMISSION DEEMS  REASONABLY
NECESSARY TO CARRY OUT ITS RESPONSIBILITIES;
  C. APPOINT AN EXECUTIVE DIRECTOR, A COUNSEL OR COUNSELS AND SUCH OTHER
STAFF  AS THE COMMISSION DETERMINES NECESSARY TO CARRY OUT ITS RESPONSI-
BILITIES;
  D. CONTRACT WITH ANY STATE OR PRIVATE ENTITY FOR THE PROVISION OF SUCH
SERVICES AS THE COMMISSION DETERMINES TO BE NECESSARY; AND
  E. TAKE SUCH OTHER ACTIONS NOT INCONSISTENT WITH THE PURPOSES OF  THIS
SECTION AS SHALL ENABLE THE COMMISSION TO CARRY OUT ITS FUNCTIONS.
  5.  MATTERS  BEFORE  THE COMMISSION SHALL BE DECIDED BY MAJORITY VOTE,
EXCEPT THAT NO ACTION OR DECISION MAY  BE  APPROVED  BY  THE  COMMISSION
PURSUANT  TO  PARAGRAPH A OR B OF SUBDIVISION TWO OF THIS SECTION UNLESS
SUCH ACTION  OR  DECISION  IS  APPROVED  BY  THE  AFFIRMATIVE  VOTES  OF
TWO-THIRDS  OR MORE OF THE MEMBERS OF SUCH COMMISSION.  A CHAIRPERSON OF
THE COMMISSION SHALL BE SELECTED FROM AMONG THE MEMBERS OF  THE  COMMIS-
SION, BY MAJORITY VOTE.
  6. THE COMMISSION SHALL ISSUE AN INTERIM REPORT TO THE GOVERNOR, CHIEF
JUDGE  OF  THE  COURT OF APPEALS, THE TEMPORARY PRESIDENT OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADERS OF THE  SENATE  AND
ASSEMBLY  ON  OR BEFORE SEPTEMBER FIRST, TWO THOUSAND SIXTEEN AND ANNUAL
REPORTS ON EACH  SEPTEMBER  FIRST  THEREAFTER  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS SECTION.  SUCH REPORT SHALL ALSO BE MADE AVAILABLE TO
THE PUBLIC.
  S  9. 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, EXCEPT AS PROVIDED IN SUBDIVISION FOUR
OF SECTION EIGHT HUNDRED FORTY-FIVE-C  OF  THIS  ARTICLE.  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,  howev-
er,  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  general  business law relating to participating in
flight instruction at any aeronautical facility, flight school or insti-
tution of higher learning.
  S 10. This act shall take effect immediately  provided  that  sections
one  through  six  of this act and section 845-e of the executive law as
added by section eight of this act shall take effect  on  the  ninetieth

A. 3412                             9

day  after this act shall have become a law.  Effective immediately, any
rules and regulations of  the  division  of  criminal  justice  services
necessary  to  implement  the  provisions of this act may be promulgated
prior to such effective date.