S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3878
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- 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.
   § 2. The general business law is amended by adding a new section 184-b
 to read as follows:
   §  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.
                                                            LBD03822-02-7
              

 A. 3878                             2
 
   2.  ACCESS  TO  AND  THE  USE OF SUCH INFORMATION SHALL BE GOVERNED BY
 SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
   §  3.  The mental hygiene law is amended by adding a new section 16.39
 to read as follows:
 § 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.
   § 4. The mental hygiene law is amended by adding a new  section  31.39
 to read as follows:
 § 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.
   §  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.
   § 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

 A. 3878                             3
 
 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.
   § 6. The social services law is amended by adding a new section  390-k
 to read as follows:
   §  390-K.  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.
   § 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.
   § 8. The executive law is amended by adding three new sections  845-c,
 845-d and 845-e to read as follows:
   §  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

 A. 3878                             4
 
 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-K 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 APPLICABLE 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-

 A. 3878                             5
 
 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.
   § 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. 3878                             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.
   § 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. 3878                             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  COMMISSION,
 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 EIGHTEEN 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.
   §  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.
   § 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. 3878                             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.