Assembly Bill A3868

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3868
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. GRAF, GIGLIO, LALOR, HAWLEY -- Multi-Sponsored by
   --  M.  of  A.    BARCLAY,  CROUCH,  CURRAN, LAWRENCE -- read once and
   referred 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.
   § 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.
              

                                                            LBD00838-01-7

 A. 3868                             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.
   §  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.
   § 4. This act shall take effect immediately.