NY State Senate Bill 2025-S2716

Current Bill Status - In Senate Committee Disabilities 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2025	referred to disabilities

2025-S2716 (ACTIVE) - Details

See Assembly Version of this Bill:: A4138
Current Committee:: Senate Disabilities
Law Section:: Executive Law
Laws Affected:: Add §563, Exec L

2025-S2716 (ACTIVE) - Summary

Authorizes the justice center to create a central registry for employees for all current and prospective agencies, sponsoring agencies or other providers of services that are certified, authorized, approved or funded through contract by the office for people with developmental disabilities to streamline criminal background checks.

2025-S2716 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2716

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the executive law, in relation to authorizing the
justice center for the protection of people with special needs to create
a central registry for employees

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will allow independent contractors working with the
Office for People with Developmental Disabilities (OPWDD)to complete a
background check once to work with agencies under OPWDD's purview.

 
SUMMARY OF PROVISIONS:

Section 1 creates a new § 563 in the executive law which directs the New
York State Justice Center for the Protection of People with Special
Needs to establish a central registry. This section of the bill also
establishes that employees, both current and prospective, may work
concurrently for or transfer between current or prospective agencies,

sponsoring agencies or other providers of services without the need for
duplicative criminal background checks.

Section 2 provides an effective date.

 
JUSTIFICATION:

The Office for People with Developmental Disabilities (OPWDD) requires
all employees working under their umbrella to undergo fingerprinting as
part of the background check process. This requirement applies to indi-
viduals in sponsoring agencies and those employed by agencies certified,
authorized, approved, or funded through OPWDD contracts.  However, many
of these individuals are independent contractors who often work for
multiple entities under OPWDD's purview. As a result, they may need to
undergo a new background check each time they seek work with a new agen-
cy, even if they have already completed one.

This legislation directs the New York State Justice Center for the
Protection of People with Special Needs to establish a central registry.
This streamlined process would reduce administrative burdens, save
costs, facilitate more efficient hiring practices while maintaining
essential safeguards, allow providers to move seamlessly between the
entities for whom they work, and, most importantly, result in more indi-
viduals getting the assistance or care that they require.

 
HISTORY PRIOR LEGISLATIVE:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.

2025-S2716 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2716
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the  executive  law,  in  relation  to  authorizing  the
   justice  center  for  the  protection  of people with special needs to
   create a central registry for employees

   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 563 to
 read as follows:
   §  563.  CENTRAL  STATE  REGISTRY.  1.  THE  JUSTICE  CENTER  FOR  THE
 PROTECTION OF PEOPLE WITH SPECIAL NEEDS SHALL CREATE A CENTRAL  REGISTRY
 WHICH  SHALL  HANDLE  ALL CRIMINAL BACKGROUND CHECKS FOR ALL CURRENT AND
 PROSPECTIVE AGENCIES, SPONSORING AGENCIES OR OTHER PROVIDERS OF SERVICES
 THAT ARE CERTIFIED, AUTHORIZED, APPROVED OR FUNDED THROUGH  CONTRACT  BY
 THE  OFFICE  FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES. SUCH REGISTRY
 SHALL CONTAIN A LIST OF ALL EMPLOYEES WHO PASSED A  CRIMINAL  BACKGROUND
 CHECK.
   2.  THE  JUSTICE  CENTER SHALL ESTABLISH RULES AND REGULATIONS FOR THE
 SHARING OF INFORMATION VIA A CONSENT FORM FOR EMPLOYEES IN  CURRENT  AND
 PROSPECTIVE AGENCIES, SPONSORING AGENCIES OR OTHER PROVIDERS OF SERVICES
 THAT  ARE  CERTIFIED, AUTHORIZED, APPROVED OR FUNDED THROUGH CONTRACT BY
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES TO ALLOW FOR  SUCH
 EMPLOYEES  TO  WORK  CONCURRENTLY  FOR  OR  TRANSFER  BETWEEN CURRENT OR
 PROSPECTIVE AGENCIES, SPONSORING AGENCIES OR OTHER PROVIDERS OF SERVICES
 WITHOUT THE NEED FOR DUPLICATIVE CRIMINAL BACKGROUND CHECKS.
   3. THE CENTRAL STATE REGISTRY  SHALL  BE  ACCESSIBLE  TO  CURRENT  AND
 PROSPECTIVE AGENCIES, SPONSORING AGENCIES OR OTHER PROVIDERS OF SERVICES
 THAT  ARE  CERTIFIED, AUTHORIZED, APPROVED OR FUNDED THROUGH CONTRACT BY
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES  UPON  RECEIPT  OF
 THE  CONSENT  FORM  SPECIFIED  IN  SUBDIVISION  TWO OF THIS SECTION BY A
 PROSPECTIVE EMPLOYEE WHO WILL WORK CONCURRENTLY FOR OR TRANSFER  BETWEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00961-01-5

 S. 2716                             2
 
 A CURRENT OR PROSPECTIVE AGENCY, SPONSORING AGENCY OR OTHER PROVIDERS OF
 SERVICES  THAT  ARE  CERTIFIED,  AUTHORIZED,  APPROVED OR FUNDED THROUGH
 CONTRACT BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.

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Senate Bill S2716

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Current Bill Status - In Senate Committee Disabilities Committee

Actions

2025-S2716 (ACTIVE) - Details

2025-S2716 (ACTIVE) - Summary

2025-S2716 (ACTIVE) - Sponsor Memo

2025-S2716 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jessica Scarcella-Spanton

Current Bill Status - In Senate Committee Disabilities Committee

Actions

2025-S2716 (ACTIVE) - Details

2025-S2716 (ACTIVE) - Summary

2025-S2716 (ACTIVE) - Sponsor Memo

2025-S2716 (ACTIVE) - Bill Text download pdf

Comments