Senate Bill S10320

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10320
 
                             I N  S E N A T E
 
                               May 13, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services  law,  the  executive  law  and  the
   public  health  law,  in relation to establishing a portable clearance
   passport program to satisfy certain background checks

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new article
 11-A to read as follows:
                                ARTICLE 11-A
                        PORTABLE CLEARANCE PASSPORT
 SECTION 500. DEFINITIONS.
         501. PORTABLE CLEARANCE PASSPORT PROGRAM.
         502. ACCEPTANCE OF PORTABLE CLEARANCE PASSPORT.
         503. INFORMATION SYSTEMS; CONFIDENTIALITY.
         504. DURATION; RENEWAL; REVOCATION.
         505. RULES AND REGULATIONS.
   § 500. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "PORTABLE CLEARANCE PASSPORT" OR "PASSPORT" SHALL MEAN A CREDENTIAL
 ISSUED BY THE COMMISSIONER VERIFYING THAT AN  INDIVIDUAL  HAS  SATISFIED
 APPLICABLE  BACKGROUND  CHECK  REQUIREMENTS  FOR  EMPLOYMENT  BY COVERED
 PROVIDERS.
   2. "PARTICIPATING AGENCY"  SHALL  MEAN  THE  JUSTICE  CENTER  FOR  THE
 PROTECTION  OF  PEOPLE  WITH  SPECIAL  NEEDS, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL  HEALTH,
 THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE STATE EDUCA-
 TION DEPARTMENT, OR ANY OTHER AGENCY DESIGNATED BY THE COMMISSIONER.
   3. "COVERED PROVIDER" SHALL MEAN  ANY  PROVIDER  LICENSED,  CERTIFIED,
 OPERATED, OR OTHERWISE REGULATED BY A PARTICIPATING AGENCY THAT REQUIRES
 BACKGROUND CHECKS FOR EMPLOYEES OR PROSPECTIVE EMPLOYEES.
   4.  "COMMISSIONER"  SHALL MEAN THE COMMISSIONER OF THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, IN CONSULTATION WITH PARTICIPATING AGENCIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15851-01-6
              

 S. 10320                            2
 
   § 501. PORTABLE CLEARANCE PASSPORT PROGRAM. 1. THE COMMISSIONER  SHALL
 ESTABLISH A PORTABLE CLEARANCE PASSPORT PROGRAM.
   2.  THE  PROGRAM  ESTABLISHED  UNDER  SUBDIVISION  ONE OF THIS SECTION
 SHALL:
   (A) PROVIDE FOR A UNIFORM PROCESS  FOR  CONDUCTING  BACKGROUND  CHECKS
 APPLICABLE TO PARTICIPATING AGENCIES;
   (B)  PROVIDE  FOR THE ISSUANCE OF A PORTABLE CLEARANCE PASSPORT TO ANY
 INDIVIDUAL WHO HAS  SATISFIED  THE  REQUIREMENTS  OF  BACKGROUND  CHECKS
 CONDUCTED IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (C)  ENSURE THAT PASSPORTS ARE ABLE TO BE USED BY COVERED PROVIDERS TO
 VERIFY ELIGIBILITY FOR EMPLOYMENT.
   § 502. ACCEPTANCE OF PORTABLE CLEARANCE PASSPORT.  1.  NOTWITHSTANDING
 ANY  OTHER  PROVISION  OF  LAW,  A  PARTICIPATING AGENCY AND ANY COVERED
 PROVIDER SHALL ACCEPT A VALID PORTABLE CLEARANCE  PASSPORT  IN  LIEU  OF
 DUPLICATIVE BACKGROUND CHECK REQUIREMENTS.
   2.  NOTHING  IN  THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT A PARTIC-
 IPATING AGENCY FROM REQUIRING ADDITIONAL SCREENING WHERE:
   (A) REQUIRED BY FEDERAL LAW; OR
   (B) A PARTICIPATING AGENCY DETERMINES THAT ADDITIONAL  INFORMATION  IS
 NECESSARY  TO  PROTECT  THE  HEALTH  OR  SAFETY OF INDIVIDUALS RECEIVING
 SERVICES UNDER THIS CHAPTER.
   § 503. INFORMATION SYSTEMS; CONFIDENTIALITY. 1. THE COMMISSIONER SHALL
 ESTABLISH OR DESIGNATE A SECURE ELECTRONIC SYSTEM  FOR  THE  PURPOSE  OF
 MAINTAINING AND VERIFYING PORTABLE CLEARANCE PASSPORTS.
   2. THE SYSTEM ESTABLISHED UNDER SUBDIVISION ONE OF THIS SECTION SHALL:
   (A)  PERMIT  AUTHORIZED  COVERED  PROVIDERS  TO VERIFY THE STATUS OF A
 PASSPORT;
   (B) PROVIDE INDIVIDUALS ACCESS TO THEIR OWN BACKGROUND RECORDS; AND
   (C) ENSURE THE CONFIDENTIALITY AND  SECURITY  OF  ALL  INFORMATION  IN
 ACCORDANCE WITH APPLICABLE LAW.
   § 504. DURATION; RENEWAL; REVOCATION. 1. A PORTABLE CLEARANCE PASSPORT
 SHALL BE VALID FOR A PERIOD TO BE DETERMINED BY THE COMMISSIONER, NOT TO
 EXCEED FIVE YEARS.
   2.  THE  COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING PROCE-
 DURES FOR RENEWAL, SUSPENSION AND REVOCATION OF PASSPORTS.
   § 505. RULES AND REGULATIONS. THE COMMISSIONER, IN  CONSULTATION  WITH
 PARTICIPATING  AGENCIES,  SHALL  PROMULGATE  ANY  RULES  AND REGULATIONS
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   § 2. Subdivision 5 of section 553 of the executive law,  as  added  by
 section  3  of  part A of chapter 501 of the laws of 2012, is amended to
 read as follows:
   5. To review and evaluate the criminal  history  information  for  any
 person  applying  to  be an employee, volunteer or consultant for whom a
 criminal background check is required by law as a condition  of  employ-
 ment  at  any  facilities or provider agencies as defined in subdivision
 four of section four hundred eighty-eight of  the  social  services  law
 that are operated, licensed or certified by the office of mental health,
 the  office for people with developmental disabilities and the office of
 children and family services[. Such];  PROVIDED  THAT  SUCH  review  and
 evaluation  shall  include  but not be limited to a requirement that the
 applicant sign a sworn statement whether, to the best of  [his  or  her]
 SUCH  APPLICANT'S  knowledge,  [he  or she] SUCH APPLICANT has ever been
 convicted of a crime in  this  state  or  any  other  jurisdiction;  AND
 PROVIDED, FURTHER, THAT THE JUSTICE CENTER SHALL ACCEPT A VALID PORTABLE
 CLEARANCE  PASSPORT  ISSUED  PURSUANT  TO ARTICLE ELEVEN-A OF THE SOCIAL
 SERVICES LAW AS SATISFYING ANY BACKGROUND CHECK REQUIREMENTS UNDER  THIS
 S. 10320                            3
 
 SUBDIVISION,  SUBJECT TO SECTION FIVE HUNDRED TWO OF THE SOCIAL SERVICES
 LAW;
   §  3.  The public health law is amended by adding a new section 2899-b
 to read as follows:
   § 2899-B. PORTABLE CLEARANCE PASSPORT. THE DEPARTMENT SHALL  ACCEPT  A
 VALID PORTABLE CLEARANCE PASSPORT ISSUED PURSUANT TO ARTICLE ELEVEN-A OF
 THE  SOCIAL SERVICES LAW AS SATISFYING BACKGROUND CHECK REQUIREMENTS FOR
 PROSPECTIVE EMPLOYEES, EXCEPT WHERE ADDITIONAL SCREENING IS REQUIRED  BY
 FEDERAL LAW.
   § 4. This act shall take effect immediately.