§ 251-b. Flight school background checks. 1. For the purposes of this
section:

"Criminal history information" shall mean a record of all convictions
of crimes maintained on an individual by the division of criminal
justice services pursuant to paragraph (c) of subdivision four of
section eight hundred thirty-seven of the executive law.

2. (a) Any aeronautical facility, flight school or institution of
higher learning offering air or flight instruction shall require an
applicant for such instruction to provide criminal history information,
as required in this section, to the division of criminal justice
services.

(b) An aeronautical facility, flight school or institution of higher
learning shall request and is authorized to receive from the division of
criminal justice services criminal history information concerning each
new and prospective applicant for flight instruction, and to consider
such information in accordance with article twenty-three-A of the
correction law, subject to the following restrictions:

(i) an aeronautical facility, flight school or institution of higher
learning shall designate one person in its employ who shall be
authorized to request, receive and review criminal history information,
and only such person and the new or prospective applicant 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 aeronautical facility,
flight school or institution of higher learning who are empowered by
such aeronautical facility, flight school or institution of higher
learning to make decisions concerning new or prospective applicants and
provided further that such other personnel shall also be subject to the
confidentiality requirements and all other provisions of this section.
An aeronautical facility, flight school or institution of higher
learning shall notify the division of criminal justice services of each
person authorized to have access to criminal history information
pursuant to this section. The division of criminal justice services is
authorized to exchange fingerprint data and criminal background
information with and receive criminal history record background
information from the federal bureau of investigation for use in
performing background checks;

(ii) an aeronautical facility, flight school or institution of higher
learning requesting criminal history information pursuant to this
section shall do so by completing a form developed for such purpose by
the division of criminal justice services. Such form shall include a
sworn statement of the person designated by the aeronautical facility,
flight school or institution of higher learning to request, receive and
review criminal history information pursuant to subparagraph (i) of this
paragraph certifying that (1) the person whose criminal history
information is requested is not presently enrolled but has applied to be
a flight student; (2) such criminal history information will be used by
the aeronautical facility, flight school or institution of higher
learning solely for purposes authorized by this section; and (3) the
aeronautical facility, flight school or institution of higher learning
and its staff are aware of and will abide by the confidentiality
requirements and all other provisions of this section; and

(iii) the person designated by an aeronautical facility, flight school
or institution of higher learning for receipt of criminal history
information pursuant to subparagraph (i) of this paragraph 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 willfully permits the
release of any confidential criminal history information contained in
the report to persons not permitted by this section to receive such
information shall be guilty of a misdemeanor. Any unauthorized
disclosure of fingerprints or criminal history information obtained by
an aeronautical facility, flight school or institution of higher
learning pursuant to this section shall also entitle the subject of such
fingerprints or criminal history information to recover from the
aeronautical facility, flight school or institution of higher learning a
civil award of damages resulting from such unauthorized disclosure,
together with costs and reasonable attorney's fees.

3. To the extent permitted by law, an aeronautical facility, flight
school or institution of higher learning may request from a new or
prospective flight student 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 flight
student, each aeronautical facility, flight school or institution of
higher learning shall:

(a) inform the new or prospective flight student in writing that the
aeronautical facility, flight school or institution of higher learning
is required to request his or her criminal history information from the
division of criminal justice services and review such information
pursuant to this section;

(b) inform the new or prospective flight student that before the
aeronautical facility, flight school or institution of higher learning
requests such criminal history information, the new or prospective
flight student 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 of criminal justice services;

(c) obtain the signed informed consent of the new or prospective
flight student on a form supplied by the division of criminal justice
services 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
criminal history information;

(iii) consented to such request; and

(d) upon receiving such written consent, obtain the fingerprints of
such new or prospective flight student pursuant to regulations
established by the division of criminal justice services.

4. A new or prospective flight student may withdraw from the
application process, without prejudice, at any time regardless of
whether or not he or she has reviewed his or her criminal history
information or the aeronautical facility, flight school or institution
of higher learning has received criminal history information. Where a
new or prospective flight student withdraws from the application
process, any fingerprints and criminal history information concerning
such new or prospective flight student received by the aeronautical
facility, flight school or institution of higher learning shall, within
ninety days, be returned to such new or prospective flight student by
the person designated for receipt of criminal history information
pursuant to paragraph (b) of subdivision two of this section.

5. In all cases the fingerprints and criminal history information
concerning a new or prospective flight student shall be returned after
ninety days to such person by the person designated for receipt of
criminal history information upon the denial of an application for
enrollment or instruction at such aeronautical facility, flight school
or institution of higher learning.

6. Within fifteen business days after receiving a request for criminal
history information pursuant to this section, the commissioner of the
division of criminal justice services shall review such criminal history
information and, in accordance with article twenty-three-A of the
correction law, determine whether clearance for such instruction shall
be granted or denied. Such commissioner shall promptly notify the new or
prospective student and the aeronautical facility, flight school or
institution of higher education of his or her determination in this
regard.

7. If such clearance is granted, the division of criminal justice
services shall promptly provide requested criminal history information
and return fingerprints to the aeronautical facility, flight school or
institution of higher learning.

8. No applicant shall be permitted to receive air or flight
instruction from an aeronautical facility, flight school or institution
of higher learning unless the division of criminal justice services
provides written notification to the chief administrative officer of the
aeronautical facility, flight school or institution of higher learning
of the commissioner of the division of criminal justice services'
determination that the applicant may receive such instruction.

9. The commissioner of the division of criminal justice services shall
promulgate all rules and regulations necessary to implement the
provisions of this section, which shall include convenient procedures
for new and prospective flight students to promptly verify the accuracy
of their criminal history information and, to the extent authorized by
law, to have access to relevant documents related thereto.

10. No cause of action for damages against an aeronautical facility,
flight school or institution of higher learning shall exist when an
aeronautical facility, flight school or institution of higher learning
has reasonably and in good faith relied upon the accuracy and
completeness of a criminal history report furnished pursuant to this
section.