Bill Text: NY A07506 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the provision of criminal history background checks free of charge to mentoring programs operated by not-for-profit corporations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-01-08 - referred to children and families [A07506 Detail]

Download: New_York-2019-A07506-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7506
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 8, 2019
                                       ___________
        Introduced  by M. of A. RAMOS -- read once and referred to the Committee
          on Children and Families
        AN ACT to amend the social  services  law  and  the  executive  law,  in
          relation  to  the provision of criminal history background checks free
          of charge to mentoring  programs  operated  by  not-for-profit  corpo-
          rations
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of section 390-e of the social services  law,
     2  as  added  by  chapter  459  of  the laws of 2006, is amended to read as
     3  follows:
     4    4. Every mentoring program that chooses to apply for a criminal histo-
     5  ry background check with the division of criminal justice services shall
     6  obtain a set of fingerprints from each individual for  whom  a  criminal
     7  background  check  is  to  be completed and such other information as is
     8  required by the office and the division of  criminal  justice  services.
     9  For  each  prospective employee or mentor for whom the mentoring program
    10  completes a criminal  background  check,  the  mentoring  program  shall
    11  provide  the applicant with blank fingerprint cards and a description of
    12  how the completed fingerprint card will be used upon submission  to  the
    13  mentoring  program.  The  mentoring program shall promptly transmit such
    14  fingerprint card and the processing fee to the office; provided,  howev-
    15  er,  if  the  mentoring  program  is operated by a not-for-profit corpo-
    16  ration, no processing fee shall be imposed  for  a  criminal  background
    17  check.  The  office  shall  promptly submit the fingerprint card and the
    18  processing fee, if imposed pursuant to subdivision  eight-a  of  section
    19  eight  hundred  thirty-seven  of  the  executive law, to the division of
    20  criminal justice services for its full search and retain processing.
    21    § 2. Subdivision 8-a of section 837 of the executive law,  as  amended
    22  by chapter 561 of the laws of 2006, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11427-01-9

        A. 7506                             2
     1    8-a.  Charge a fee when, pursuant to statute or the regulations of the
     2  division, it conducts a search  of  its  criminal  history  records  and
     3  returns  a  report thereon in connection with an application for employ-
     4  ment or for a license or permit. The division shall adopt and may,  from
     5  time  to  time,  amend a schedule of such fees which shall be in amounts
     6  determined by the division to be  reasonably  related  to  the  cost  of
     7  conducting such searches and returning reports thereon but, in no event,
     8  shall  any  such  fee  exceed  twenty-five  dollars  and  an  additional
     9  surcharge of fifty dollars. The  comptroller  is  hereby  authorized  to
    10  deposit  such  fees  into  the general fund, provided, however, that the
    11  monies received by the division of criminal justice services for payment
    12  of the additional surcharge shall be deposited in equal amounts  to  the
    13  general  fund  and  to  the  fingerprint  identification  and technology
    14  account. Notwithstanding the foregoing, the division shall  not  request
    15  or  accept  any  fee  for searching its records and supplying a criminal
    16  history report pursuant to section two hundred fifty-one-b of the gener-
    17  al business law relating to participating in flight instruction  at  any
    18  aeronautical  facility, flight school or institution of higher learning,
    19  or pursuant to section three hundred ninety-e of the social services law
    20  when the division is supplying a criminal history report to a  mentoring
    21  program operated by a not-for-profit corporation.
    22    §  3.  Paragraph  (c)  of subdivision 1 of section 390-e of the social
    23  services law, as added by chapter 459 of the laws of 2006, is amended to
    24  read as follows:
    25    (c) "Mentoring program" shall mean a formalized program, operated by:
    26    (i) a corporation which has been incorporated pursuant to subparagraph
    27  five of paragraph (a) of section one hundred two of  the  not-for-profit
    28  corporation  law  or  pursuant  to subparagraph four of paragraph (a) of
    29  section one hundred two of the business corporation  law[,  or  operated
    30  by];
    31    (ii) an educational institution or school district, that matches youth
    32  with  adult  volunteers  with  the  purpose of providing such youth with
    33  positive role models to enhance their development; or
    34    (iii) a youth sports program.
    35    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    36  have become a law.
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