Bill Text: NY A06329 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires employers and volunteer organizations to conduct a criminal history check of employees and volunteers who will come into contact with children under 18 years of age.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2014-01-08 - referred to children and families [A06329 Detail]

Download: New_York-2013-A06329-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6329
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2013
                                      ___________
       Introduced  by  M. of A. TEDISCO, OAKS, KOLB -- Multi-Sponsored by -- M.
         of A. BUTLER, CROUCH, McKEVITT, THIELE -- 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:
    1    Section  1. The executive law is amended by adding a new section 837-s
    2  to read as follows:
    3    S 837-S. REQUESTS FOR CRIMINAL HISTORY INFORMATION CONCERNING NEW  AND
    4  PROSPECTIVE CHILD CARE EMPLOYEES. 1. AN EMPLOYER AND VOLUNTEER ORGANIZA-
    5  TION SHALL REQUEST AND ARE AUTHORIZED TO RECEIVE FROM THE DIVISION CRIM-
    6  INAL  HISTORY  INFORMATION  CONCERNING EACH NEW AND PROSPECTIVE EMPLOYEE
    7  AND VOLUNTEER WHO IN CONNECTION WITH SUCH EMPLOYMENT FOR SERVICE WILL BE
    8  IN CONTACT WITH PERSONS UNDER  THE  AGE  OF  EIGHTEEN,  SUBJECT  TO  THE
    9  FOLLOWING RESTRICTIONS:
   10    (A)  AN  EMPLOYER OR VOLUNTEER ORGANIZATION SHALL DESIGNATE ONE PERSON
   11  WHO SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW CRIMINAL  HISTORY
   12  INFORMATION,  AND  ONLY  SUCH PERSON AND THE NEW OR PROSPECTIVE EMPLOYEE
   13  AND VOLUNTEER WHO IN CONNECTION WITH SUCH EMPLOYMENT FOR SERVICE WILL BE
   14  IN CONTACT WITH PERSONS UNDER THE AGE OF EIGHTEEN TO WHICH THE  CRIMINAL
   15  HISTORY  INFORMATION  RELATES  SHALL  HAVE  ACCESS  TO SUCH INFORMATION;
   16  PROVIDED, HOWEVER, THAT CRIMINAL HISTORY INFORMATION MAY BE DISCLOSED TO
   17  OTHER PERSONNEL AUTHORIZED BY THE EMPLOYER OR VOLUNTEER ORGANIZATION WHO
   18  ARE EMPOWERED BY SUCH EMPLOYER OR VOLUNTEER ORGANIZATION TO MAKE  HIRING
   19  DECISIONS  CONCERNING  NEW  OR  PROSPECTIVE  EMPLOYEES OR VOLUNTEERS AND
   20  PROVIDED FURTHER THAT SUCH OTHER PERSONNEL SHALL ALSO BE SUBJECT TO  THE
   21  CONFIDENTIALITY  REQUIREMENTS  AND ALL OTHER PROVISIONS OF THIS ARTICLE.
   22  AN EMPLOYER OR VOLUNTEER ORGANIZATION SHALL NOTIFY THE DIVISION OF  EACH
   23  PERSON  AUTHORIZED TO HAVE ACCESS TO CRIMINAL HISTORY INFORMATION PURSU-
   24  ANT TO THIS SECTION;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08186-01-3
       A. 6329                             2
    1    (B) AN EMPLOYER OR VOLUNTEER ORGANIZATION REQUESTING CRIMINAL  HISTORY
    2  INFORMATION  PURSUANT  TO  THIS SECTION SHALL DO SO BY COMPLETING A FORM
    3  DEVELOPED FOR SUCH PURPOSE BY THE DIVISION.  SUCH FORM SHALL  INCLUDE  A
    4  SWORN  STATEMENT  OF  THE PERSON DESIGNATED BY THE EMPLOYER OR VOLUNTEER
    5  ORGANIZATION TO REQUEST, RECEIVE AND REVIEW CRIMINAL HISTORY INFORMATION
    6  PURSUANT  TO  PARAGRAPH  (A) OF THIS SUBDIVISION CERTIFYING THAT (I) THE
    7  PERSON WHOSE CRIMINAL HISTORY INFORMATION IS REQUESTED IS NOT  PRESENTLY
    8  BUT  HAS APPLIED TO BE AN EMPLOYEE OR VOLUNTEER, OR IS A NEW EMPLOYEE OR
    9  VOLUNTEER; (II) SUCH CRIMINAL HISTORY INFORMATION WILL BE  USED  BY  THE
   10  EMPLOYER  OR  VOLUNTEER  ORGANIZATION  SOLELY FOR PURPOSES AUTHORIZED BY
   11  THIS ARTICLE; AND (III) THE EMPLOYER OR VOLUNTEER ORGANIZATION  AND  ITS
   12  STAFF  ARE  AWARE OF AND SHALL ABIDE BY THE CONFIDENTIALITY REQUIREMENTS
   13  AND ALL OTHER PROVISIONS OF THIS ARTICLE;
   14    (C) THE PERSON DESIGNATED BY AN EMPLOYER OR VOLUNTEER ORGANIZATION FOR
   15  RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT  TO  PARAGRAPH  (A)  OF
   16  THIS  SUBDIVISION  SHALL  UPON  RECEIPT  IMMEDIATELY  MARK SUCH CRIMINAL
   17  HISTORY INFORMATION "CONFIDENTIAL", AND SHALL AT ALL TIMES MAINTAIN SUCH
   18  CRIMINAL HISTORY INFORMATION IN A SECURE PLACE.  ANY PERSON WHO WILLFUL-
   19  LY PERMITS THE RELEASE OF ANY CONFIDENTIAL CRIMINAL HISTORY  INFORMATION
   20  CONTAINED  IN  THE  REPORT  TO  PERSONS NOT PERMITTED BY THIS ARTICLE TO
   21  RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A MISDEMEANOR.
   22    2. NOTWITHSTANDING SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED  THIR-
   23  TY-SEVEN OF THIS ARTICLE THERE SHALL BE NO FEE CHARGED TO AN EMPLOYER OR
   24  VOLUNTEER  ORGANIZATION  OR  AN  EMPLOYEE OR VOLUNTEER FOR A REQUEST FOR
   25  CRIMINAL HISTORY INFORMATION SUBMITTED TO THE DIVISION PURSUANT TO  THIS
   26  SECTION.
   27    3.  TO THE EXTENT PERMITTED BY LAW, AN EMPLOYER OR VOLUNTEER ORGANIZA-
   28  TION MAY REQUEST FROM A NEW  OR  PROSPECTIVE  EMPLOYEE  OR  VOLUNTEER  A
   29  STATEMENT  OF HIS OR HER PRIOR CRIMINAL CONVICTIONS IN THIS STATE OR ANY
   30  OTHER JURISDICTION. PRIOR TO  REQUESTING  CRIMINAL  HISTORY  INFORMATION
   31  CONCERNING  ANY  NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER, EACH EMPLOYER
   32  OR VOLUNTEER ORGANIZATION SHALL:
   33    (A) INFORM THE NEW OR PROSPECTIVE EMPLOYEE  OR  VOLUNTEER  IN  WRITING
   34  THAT  THE  EMPLOYER OR VOLUNTEER ORGANIZATION IS REQUIRED TO REQUEST HIS
   35  OR HER CRIMINAL HISTORY INFORMATION FROM THE DIVISION  AND  REVIEW  SUCH
   36  INFORMATION PURSUANT TO THIS SECTION;
   37    (B)  INFORM  THE  NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER THAT BEFORE
   38  THE EMPLOYER OR VOLUNTEER ORGANIZATION REQUESTS  SUCH  CRIMINAL  HISTORY
   39  INFORMATION,  THE NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER HAS THE RIGHT
   40  TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS  OR  HER  CRIMINAL  HISTORY
   41  INFORMATION  PURSUANT  TO  REGULATIONS AND PROCEDURES ESTABLISHED BY THE
   42  DIVISION;
   43    (C) OBTAIN THE SIGNED INFORMED  CONSENT  OF  THE  NEW  OR  PROSPECTIVE
   44  EMPLOYEE OR VOLUNTEER ON A FORM SUPPLIED BY THE DIVISION WHICH INDICATES
   45  THAT SUCH PERSON HAS:
   46    (I)  BEEN  INFORMED  OF  THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN,
   47  REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
   48    (II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
   49  NAL HISTORY INFORMATION;
   50    (III) CONSENTED TO SUCH REQUEST; AND
   51    (D) UPON RECEIVING SUCH WRITTEN CONSENT, OBTAIN  THE  FINGERPRINTS  OF
   52  SUCH  NEW  OR  PROSPECTIVE EMPLOYEE OR VOLUNTEER PURSUANT TO REGULATIONS
   53  ESTABLISHED BY THE DIVISION.
   54    4. A NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER MAY  WITHDRAW  FROM  THE
   55  APPLICATION PROCESS, WITHOUT PREJUDICE, AT ANY TIME REGARDLESS OF WHETH-
   56  ER OR NOT HE OR SHE HAS REVIEWED HIS OR HER CRIMINAL HISTORY INFORMATION
       A. 6329                             3
    1  OR  THE EMPLOYER OR VOLUNTEER ORGANIZATION HAS RECEIVED CRIMINAL HISTORY
    2  INFORMATION. WHERE A NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER  WITHDRAWS
    3  FROM  THE  APPLICATION  PROCESS,  ANY  FINGERPRINTS AND CRIMINAL HISTORY
    4  INFORMATION  CONCERNING  SUCH  NEW  OR PROSPECTIVE EMPLOYEE OR VOLUNTEER
    5  RECEIVED BY THE EMPLOYER OR VOLUNTEER ORGANIZATION SHALL BE  IMMEDIATELY
    6  RETURNED  TO SUCH NEW OR PROSPECTIVE EMPLOYEE OR VOLUNTEER BY THE PERSON
    7  DESIGNATED FOR RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO PARA-
    8  GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
    9    5. IN ALL CASES THE  FINGERPRINTS  AND  CRIMINAL  HISTORY  INFORMATION
   10  CONCERNING  A  NEW  OR  PROSPECTIVE EMPLOYEE OR VOLUNTEER SHALL BE IMME-
   11  DIATELY RETURNED TO SUCH PERSON BY THE PERSON DESIGNATED FOR RECEIPT  OF
   12  CRIMINAL  HISTORY INFORMATION UPON THE DENIAL OF EMPLOYMENT OR VOLUNTARY
   13  SERVICES OR TERMINATION OF EMPLOYMENT  OR  VOLUNTARY  SERVICES  OF  SUCH
   14  EMPLOYEE OR VOLUNTEER.
   15    6.  THE  DIVISION SHALL PROVIDE REQUESTED CRIMINAL HISTORY INFORMATION
   16  AND RETURN FINGERPRINTS TO AN EMPLOYER OR VOLUNTEER ORGANIZATION  WITHIN
   17  FIFTEEN BUSINESS DAYS AFTER THE RECEIPT OF A REQUEST FOR CRIMINAL HISTO-
   18  RY INFORMATION IF SUCH REQUEST IS:
   19    (A)  MADE BY THE PERSON DESIGNATED BY THE EMPLOYER OR VOLUNTEER ORGAN-
   20  IZATION FOR RECEIPT OF CRIMINAL HISTORY INFORMATION  PURSUANT  TO  PARA-
   21  GRAPH  (A)  OF  SUBDIVISION  ONE  OF THIS SECTION AND ACCOMPANIED BY THE
   22  CERTIFICATION REQUIRED BY PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  THIS
   23  SECTION;
   24    (B)  ACCOMPANIED  BY  THE COMPLETED FORM DESCRIBED IN PARAGRAPH (C) OF
   25  SUBDIVISION THREE OF THIS SECTION; AND
   26    (C) ACCOMPANIED BY FINGERPRINTS OF THE NEW OR PROSPECTIVE EMPLOYEE  OR
   27  VOLUNTEER  OBTAINED  PURSUANT  TO  PARAGRAPH (D) OF SUBDIVISION THREE OF
   28  THIS SECTION.
   29    7. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
   30  SARY  TO  IMPLEMENT  THE PROVISIONS OF THIS SECTION, WHICH SHALL INCLUDE
   31  CONVENIENT PROCEDURES FOR NEW AND PROSPECTIVE EMPLOYEES  AND  VOLUNTEERS
   32  TO  PROMPTLY  VERIFY  THE ACCURACY OF THEIR CRIMINAL HISTORY INFORMATION
   33  AND, TO THE EXTENT AUTHORIZED BY LAW, TO HAVE ACCESS TO  RELEVANT  DOCU-
   34  MENTS RELATED THERETO.
   35    S  2. This act shall take effect on the first of January next succeed-
   36  ing the date on which it shall have become a law.