S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    911
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. WALSH, M. G. MILLER, ORTIZ, HAWLEY, LAWRENCE,
   M. L. MILLER, MORINELLO, CROUCH --  read  once  and  referred  to  the
   Committee on Children and Families
 
 AN  ACT  to amend the executive law, in relation to requiring a criminal
   history check for child care employees and volunteers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-t
 to read as follows:
   § 837-T. REQUESTS FOR CRIMINAL HISTORY INFORMATION CONCERNING NEW  AND
 PROSPECTIVE CHILD CARE EMPLOYEES. 1. AN EMPLOYER AND VOLUNTEER ORGANIZA-
 TION SHALL REQUEST AND ARE AUTHORIZED TO RECEIVE FROM THE DIVISION CRIM-
 INAL  HISTORY  INFORMATION  CONCERNING EACH NEW AND PROSPECTIVE EMPLOYEE
 AND VOLUNTEER WHO IN CONNECTION WITH SUCH EMPLOYMENT FOR SERVICE WILL BE
 IN CONTACT WITH PERSONS UNDER  THE  AGE  OF  EIGHTEEN,  SUBJECT  TO  THE
 FOLLOWING RESTRICTIONS:
   (A)  AN  EMPLOYER OR VOLUNTEER ORGANIZATION SHALL DESIGNATE ONE PERSON
 WHO SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW CRIMINAL  HISTORY
 INFORMATION,  AND  ONLY  SUCH PERSON AND THE NEW OR PROSPECTIVE EMPLOYEE
 AND VOLUNTEER WHO IN CONNECTION WITH SUCH EMPLOYMENT FOR SERVICE WILL BE
 IN CONTACT WITH PERSONS UNDER THE AGE OF EIGHTEEN TO WHICH THE  CRIMINAL
 HISTORY  INFORMATION  RELATES  SHALL  HAVE  ACCESS  TO SUCH INFORMATION;
 PROVIDED, HOWEVER, THAT CRIMINAL HISTORY INFORMATION MAY BE DISCLOSED TO
 OTHER PERSONNEL AUTHORIZED BY THE EMPLOYER OR VOLUNTEER ORGANIZATION WHO
 ARE EMPOWERED BY SUCH EMPLOYER OR VOLUNTEER ORGANIZATION TO MAKE  HIRING
 DECISIONS  CONCERNING  NEW  OR  PROSPECTIVE  EMPLOYEES OR VOLUNTEERS AND
 PROVIDED FURTHER THAT SUCH OTHER PERSONNEL SHALL ALSO BE SUBJECT TO  THE
 CONFIDENTIALITY  REQUIREMENTS  AND ALL OTHER PROVISIONS OF THIS ARTICLE.
 AN EMPLOYER OR VOLUNTEER ORGANIZATION SHALL NOTIFY THE DIVISION OF  EACH
 PERSON  AUTHORIZED TO HAVE ACCESS TO CRIMINAL HISTORY INFORMATION PURSU-
 ANT TO THIS SECTION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02870-01-9

 A. 911                              2
 
   (B) AN EMPLOYER OR VOLUNTEER ORGANIZATION 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 PERSON DESIGNATED BY THE EMPLOYER OR VOLUNTEER
 ORGANIZATION TO REQUEST, RECEIVE AND REVIEW CRIMINAL HISTORY INFORMATION
 PURSUANT  TO  PARAGRAPH  (A) OF THIS SUBDIVISION CERTIFYING THAT (I) THE
 PERSON WHOSE CRIMINAL HISTORY INFORMATION IS REQUESTED IS NOT  PRESENTLY
 BUT  HAS APPLIED TO BE AN EMPLOYEE OR VOLUNTEER, OR IS A NEW EMPLOYEE OR
 VOLUNTEER; (II) SUCH CRIMINAL HISTORY INFORMATION WILL BE  USED  BY  THE
 EMPLOYER  OR  VOLUNTEER  ORGANIZATION  SOLELY FOR PURPOSES AUTHORIZED BY
 THIS ARTICLE; AND (III) THE EMPLOYER OR VOLUNTEER ORGANIZATION  AND  ITS
 STAFF  ARE  AWARE OF AND SHALL ABIDE BY THE CONFIDENTIALITY REQUIREMENTS
 AND ALL OTHER PROVISIONS OF THIS ARTICLE;
   (C) THE PERSON DESIGNATED BY AN EMPLOYER OR VOLUNTEER ORGANIZATION FOR
 RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT  TO  PARAGRAPH  (A)  OF
 THIS  SUBDIVISION  SHALL  UPON  RECEIPT  IMMEDIATELY  MARK SUCH CRIMINAL
 HISTORY INFORMATION "CONFIDENTIAL", AND SHALL AT ALL TIMES MAINTAIN SUCH
 CRIMINAL HISTORY INFORMATION IN A SECURE PLACE.  ANY PERSON WHO WILLFUL-
 LY PERMITS THE RELEASE OF ANY CONFIDENTIAL CRIMINAL HISTORY  INFORMATION
 CONTAINED  IN  THE  REPORT  TO  PERSONS NOT PERMITTED BY THIS ARTICLE TO
 RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A MISDEMEANOR.
   2. NOTWITHSTANDING SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED  THIR-
 TY-SEVEN OF THIS ARTICLE THERE SHALL BE NO FEE CHARGED TO AN EMPLOYER OR
 VOLUNTEER  ORGANIZATION  OR  AN  EMPLOYEE OR VOLUNTEER FOR A REQUEST FOR
 CRIMINAL HISTORY INFORMATION SUBMITTED TO THE DIVISION PURSUANT TO  THIS
 SECTION.
   3.  TO THE EXTENT PERMITTED BY LAW, AN EMPLOYER OR VOLUNTEER ORGANIZA-
 TION MAY REQUEST FROM A NEW  OR  PROSPECTIVE  EMPLOYEE  OR  VOLUNTEER  A
 STATEMENT  OF HIS OR HER PRIOR CRIMINAL CONVICTIONS IN THIS STATE OR ANY
 OTHER JURISDICTION. PRIOR TO  REQUESTING  CRIMINAL  HISTORY  INFORMATION
 CONCERNING  ANY  NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER, EACH EMPLOYER
 OR VOLUNTEER ORGANIZATION SHALL:
   (A) INFORM THE NEW OR PROSPECTIVE EMPLOYEE  OR  VOLUNTEER  IN  WRITING
 THAT  THE  EMPLOYER OR VOLUNTEER ORGANIZATION IS REQUIRED TO REQUEST HIS
 OR HER CRIMINAL HISTORY INFORMATION FROM THE DIVISION  AND  REVIEW  SUCH
 INFORMATION PURSUANT TO THIS SECTION;
   (B)  INFORM  THE  NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER THAT BEFORE
 THE EMPLOYER OR VOLUNTEER ORGANIZATION REQUESTS  SUCH  CRIMINAL  HISTORY
 INFORMATION,  THE NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER HAS THE RIGHT
 TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS  OR  HER  CRIMINAL  HISTORY
 INFORMATION  PURSUANT  TO  REGULATIONS AND PROCEDURES ESTABLISHED BY THE
 DIVISION;
   (C) OBTAIN THE SIGNED INFORMED  CONSENT  OF  THE  NEW  OR  PROSPECTIVE
 EMPLOYEE OR VOLUNTEER ON A FORM SUPPLIED BY THE DIVISION WHICH INDICATES
 THAT SUCH PERSON HAS:
   (I)  BEEN  INFORMED  OF  THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN,
 REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
   (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
 NAL HISTORY INFORMATION;
   (III) CONSENTED TO SUCH REQUEST; AND
   (D) UPON RECEIVING SUCH WRITTEN CONSENT, OBTAIN  THE  FINGERPRINTS  OF
 SUCH  NEW  OR  PROSPECTIVE EMPLOYEE OR VOLUNTEER PURSUANT TO REGULATIONS
 ESTABLISHED BY THE DIVISION.
   4. A NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER MAY  WITHDRAW  FROM  THE
 APPLICATION PROCESS, WITHOUT PREJUDICE, AT ANY TIME REGARDLESS OF WHETH-
 ER OR NOT HE OR SHE HAS REVIEWED HIS OR HER CRIMINAL HISTORY INFORMATION

 A. 911                              3

 OR  THE EMPLOYER OR VOLUNTEER ORGANIZATION HAS RECEIVED CRIMINAL HISTORY
 INFORMATION. WHERE A NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER  WITHDRAWS
 FROM  THE  APPLICATION  PROCESS,  ANY  FINGERPRINTS AND CRIMINAL HISTORY
 INFORMATION  CONCERNING  SUCH  NEW  OR PROSPECTIVE EMPLOYEE OR VOLUNTEER
 RECEIVED BY THE EMPLOYER OR VOLUNTEER ORGANIZATION SHALL BE  IMMEDIATELY
 RETURNED  TO SUCH NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER BY THE PERSON
 DESIGNATED FOR RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO PARA-
 GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
   5. IN ALL CASES THE  FINGERPRINTS  AND  CRIMINAL  HISTORY  INFORMATION
 CONCERNING  A  NEW  OR  PROSPECTIVE EMPLOYEE OR VOLUNTEER SHALL BE IMME-
 DIATELY RETURNED TO SUCH PERSON BY THE PERSON DESIGNATED FOR RECEIPT  OF
 CRIMINAL  HISTORY INFORMATION UPON THE DENIAL OF EMPLOYMENT OR VOLUNTARY
 SERVICES OR TERMINATION OF EMPLOYMENT  OR  VOLUNTARY  SERVICES  OF  SUCH
 EMPLOYEE OR VOLUNTEER.
   6.  THE  DIVISION SHALL PROVIDE REQUESTED CRIMINAL HISTORY INFORMATION
 AND RETURN FINGERPRINTS TO AN EMPLOYER OR VOLUNTEER ORGANIZATION  WITHIN
 FIFTEEN BUSINESS DAYS AFTER THE RECEIPT OF A REQUEST FOR CRIMINAL HISTO-
 RY INFORMATION IF SUCH REQUEST IS:
   (A)  MADE BY THE PERSON DESIGNATED BY THE EMPLOYER OR VOLUNTEER ORGAN-
 IZATION FOR RECEIPT OF CRIMINAL HISTORY INFORMATION  PURSUANT  TO  PARA-
 GRAPH  (A)  OF  SUBDIVISION  ONE  OF THIS SECTION AND ACCOMPANIED BY THE
 CERTIFICATION REQUIRED BY PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION;
   (B)  ACCOMPANIED  BY  THE COMPLETED FORM DESCRIBED IN PARAGRAPH (C) OF
 SUBDIVISION THREE OF THIS SECTION; AND
   (C) ACCOMPANIED BY FINGERPRINTS OF THE NEW OR PROSPECTIVE EMPLOYEE  OR
 VOLUNTEER  OBTAINED  PURSUANT  TO  PARAGRAPH (D) OF SUBDIVISION THREE OF
 THIS SECTION.
   7. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
 SARY  TO  IMPLEMENT  THE PROVISIONS OF THIS SECTION, WHICH SHALL INCLUDE
 CONVENIENT PROCEDURES FOR NEW AND PROSPECTIVE EMPLOYEES  AND  VOLUNTEERS
 TO  PROMPTLY  VERIFY  THE ACCURACY OF THEIR CRIMINAL HISTORY INFORMATION
 AND, TO THE EXTENT AUTHORIZED BY LAW, TO HAVE ACCESS TO  RELEVANT  DOCU-
 MENTS RELATED THERETO.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.