NY State Senate Bill 2015-S4183

Senate Bill S4183

2015-2016 Legislative Session

Relates to the provision of criminal history background checks free of charge to mentoring programs operated by not-for-profit corporations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2016	reported and committed to finance
Jan 06, 2016	referred to children and families
May 18, 2015	print number 4183a
May 18, 2015	amend and recommit to finance
May 12, 2015	reported and committed to finance
Mar 05, 2015	referred to children and families

Votes

- Feb 2, 2016 - Children And Families Committee Vote
  S4183
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Feb 2, 2016
      
      aye (6)
      
      Avella
      
      Bonacic
      
      Montgomery
      
      Persaud
      
      Serino
      
      Young
      
      nay (1)
      
      Savino
  May 11, 2015 - Children And Families Committee Vote
  S4183
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 11, 2015
      
      aye (6)
      
      Bonacic
      
      Felder
      
      Montgomery
      
      Serino
      
      Serrano
      
      Young
      
      nay (1)
      
      Savino

Bill Amendments

Original

A (Active)

2015-S4183 - Details

Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §390-e, Soc Serv L; amd §837, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S916

2015-S4183 - Summary

Relates to the provision of criminal history background checks free of charge to mentoring programs operated by not-for-profit corporations.

2015-S4183 - Sponsor Memo

                                BILL NUMBER:S4183

TITLE OF BILL:  An act to amend the social services law and the
executive law, in relation to the provision of criminal history
background checks free of charge to mentoring programs operated by
not-for-profit corporations

PURPOSE:

To direct the Division of Criminal Justice Services to provide
criminal background checks to not-for-profit mentoring programs free
of charge.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subdivision 4 of section 390-e of the
social services law to provide that there shall be no processing fee
for criminal background checks requested by not-for-profit mentoring
programs.

Section 2 amends subdivision 8-a of section 837 of the executive law
to provide that the Division of Criminal Justice Services shall not
request or accept any fee for conducting criminal background checks
for not-for-profit mentoring programs.

Section 3 provides the effective date.

EXISTING LAW:

Not-for-profit mentoring programs are currently assessed a fee for
criminal background checks.

JUSTIFICATION:

Youth mentoring programs provide a needed service in our communities.
They match troubled or at risk youth with positive adult role models
in long-term mentoring friendships for the purpose of guiding them
through difficult life decisions and circumstances. However,
not-for-profit mentoring programs have very limited resources and the
cost of criminal background checks can be prohibitive. This bill would
allow a not-for-profit mentoring program to avoid the fee associated
with a background check, thus allowing the organization to dedicate
its scarce resources to providing service to the community.

LEGISLATIVE HISTORY:

2010: S.8046- Referred to Children and Families
2011: S.2522- Referred to Children and Families
2013-14: A.8126- Held for Consideration in Children and Families

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4183 - Bill Text download pdf

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

                                  4183

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social  services  law  and  the  executive  law,  in
  relation  to  the provision of criminal history background checks free
  of charge to mentoring  programs  operated  by  not-for-profit  corpo-
  rations

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

  Section 1. Subdivision 4 of section 390-e of the social services  law,
as  added  by  chapter  459  of  the laws of 2006, is amended to read as
follows:
  4. Every mentoring program that chooses to apply for a criminal histo-
ry background check with the division of criminal justice services shall
obtain a set of fingerprints from each individual for  whom  a  criminal
background  check  is  to  be completed and such other information as is
required by the office and the division of  criminal  justice  services.
For  each  prospective employee or mentor for whom the mentoring program
completes a criminal  background  check,  the  mentoring  program  shall
provide  the applicant with blank fingerprint cards and a description of
how the completed fingerprint card will be used upon submission  to  the
mentoring  program.  The  mentoring program shall promptly transmit such
fingerprint card and the processing fee to the office; PROVIDED,  HOWEV-
ER,  IF  THE  MENTORING  PROGRAM  IS OPERATED BY A NOT-FOR-PROFIT CORPO-
RATION, NO PROCESSING FEE SHALL BE IMPOSED  FOR  A  CRIMINAL  BACKGROUND
CHECK.  The  office  shall  promptly submit the fingerprint card and the
processing fee, IF imposed pursuant to subdivision  eight-a  of  section
eight  hundred  thirty-seven  of  the  executive law, to the division of
criminal justice services for its full search and retain processing.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05570-01-5

S. 4183                             2

  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
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,
OR PURSUANT TO SECTION THREE HUNDRED NINETY-E OF THE SOCIAL SERVICES LAW
WHEN THE DIVISION IS SUPPLYING A CRIMINAL HISTORY REPORT TO A  MENTORING
PROGRAM OPERATED BY A NOT-FOR-PROFIT CORPORATION.
  S 3. This act shall take effect immediately.

2015-S4183A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §390-e, Soc Serv L; amd §837, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S916

2015-S4183A (ACTIVE) - Summary

Relates to the provision of criminal history background checks free of charge to mentoring programs operated by not-for-profit corporations.

2015-S4183A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4183A

TITLE OF BILL:

An act to amend the social services law and the executive law, in
relation to the provision of criminal history background checks free
of charge to mentoring programs operated by not-for-profit
corporations

PURPOSE:

To direct the Division of Criminal Justice Services to provide
criminal background checks to not-for-profit mentoring programs free
of charge.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subdivision 4 of section 390-e of the
social services law to provide that there shall be no processing fee
for criminal background checks requested by not-for-profit mentoring
programs.

Section 2 amends subdivision 8-a of section 837 of the executive law
to provide that the Division of Criminal Justice Services shall not
request or accept any fee for conducting criminal background checks
for not-for-profit mentoring programs.

Section 3 amends subdivision 3 of section 390-e of the social services
law to include youth sports programs in the definition of mentoring
program.

Section 4 provides the effective date.

EXISTING LAW:

Not-for-profit mentoring programs are currently assessed a fee for
criminal background checks.

JUSTIFICATION:

Youth mentoring programs provide a needed service in our communities.
They match troubled or at risk youth with positive adult role models
in long-term mentoring friendships for the purpose of guiding them
through difficult life decisions and circumstances,. However,
not-for-profit mentoring programs have very limited resources and the
cost of criminal background checks can be prohibitive. This bill would
allow a not-for-profit mentoring program to avoid the fee associated
with a background check, thus allowing the organization to dedicate
its scarce resources to providing service to the community.

LEGISLATIVE HISTORY:

2010: S.8046- Referred to Children and Families
2011: S.2522- Referred to Children and Families
2013-14: A.8126- Held for Consideration in Children and Families.

FISCAL IMPLICATIONS:


Minimal.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4183A (ACTIVE) - Bill Text download pdf

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

                                 4183--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  reported  favorably from said committee and committed to the Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the social  services  law  and  the  executive  law,  in
  relation  to  the provision of criminal history background checks free
  of charge to mentoring  programs  operated  by  not-for-profit  corpo-
  rations

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

  Section 1. Subdivision 4 of section 390-e of the social services  law,
as  added  by  chapter  459  of  the laws of 2006, is amended to read as
follows:
  4. Every mentoring program that chooses to apply for a criminal histo-
ry background check with the division of criminal justice services shall
obtain a set of fingerprints from each individual for  whom  a  criminal
background  check  is  to  be completed and such other information as is
required by the office and the division of  criminal  justice  services.
For  each  prospective employee or mentor for whom the mentoring program
completes a criminal  background  check,  the  mentoring  program  shall
provide  the applicant with blank fingerprint cards and a description of
how the completed fingerprint card will be used upon submission  to  the
mentoring  program.  The  mentoring program shall promptly transmit such
fingerprint card and the processing fee to the office; PROVIDED,  HOWEV-
ER,  IF  THE  MENTORING  PROGRAM  IS OPERATED BY A NOT-FOR-PROFIT CORPO-
RATION, NO PROCESSING FEE SHALL BE IMPOSED  FOR  A  CRIMINAL  BACKGROUND
CHECK.  The  office  shall  promptly submit the fingerprint card and the
processing fee, IF imposed pursuant to subdivision  eight-a  of  section
eight  hundred  thirty-seven  of  the  executive law, to the division of
criminal justice services for its full search and retain processing.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05570-03-5

S. 4183--A                          2

  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
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,
OR PURSUANT TO SECTION THREE HUNDRED NINETY-E OF THE SOCIAL SERVICES LAW
WHEN THE DIVISION IS SUPPLYING A CRIMINAL HISTORY REPORT TO A  MENTORING
PROGRAM OPERATED BY A NOT-FOR-PROFIT CORPORATION.
  S  3.  Paragraph  (c)  of subdivision 1 of section 390-e of the social
services law, as added by chapter 459 of the laws of 2006, is amended to
read as follows:
  (c) "Mentoring program" shall mean a formalized program, operated by:
  (I) a corporation which has been incorporated pursuant to subparagraph
five of paragraph (a) of section one hundred two of  the  not-for-profit
corporation  law  or  pursuant  to subparagraph four of paragraph (a) of
section one hundred two of the business corporation  law[,  or  operated
by];
  (II) an educational institution or school district, that matches youth
with  adult  volunteers  with  the  purpose of providing such youth with
positive role models to enhance their development; OR
  (III) A YOUTH SPORTS PROGRAM.
  S 4. This act shall take effect immediately.

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