A. 3412 2
2. ACCESS TO AND THE USE OF SUCH INFORMATION SHALL BE GOVERNED BY
SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
S 3. The mental hygiene law is amended by adding a new section 16.39
to read as follows:
S 16.39 REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
EMPLOYEES.
(A) EVERY PROVIDER OF SERVICES ISSUED AN OPERATING CERTIFICATE PURSU-
ANT TO THIS ARTICLE, EXCEPT A "DEPARTMENT FACILITY" AS THAT TERM IS
DEFINED IN SUBDIVISION SEVEN OF SECTION 1.03 OF THIS CHAPTER, SHALL
REQUEST AND IS AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED
IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C
OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE OF SUCH ENTI-
TY WHO HAS OR WILL HAVE DIRECT CONTACT OR THE POTENTIAL FOR DIRECT
CONTACT WITH ANY PATIENT OR CLIENT OF SUCH ENTITY.
(B) ACCESS TO AND THE USE OF SUCH INFORMATION SHALL BE GOVERNED BY
SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
S 4. The mental hygiene law is amended by adding a new section 31.39
to read as follows:
S 31.39 REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
EMPLOYEES.
(A) EVERY PROVIDER OF SERVICES ISSUED AN OPERATING CERTIFICATE PURSU-
ANT TO THIS ARTICLE, EXCEPT A "DEPARTMENT FACILITY" AS THAT TERM IS
DEFINED IN SUBDIVISION SEVEN OF SECTION 1.03 OF THIS CHAPTER, SHALL
REQUEST AND IS AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED
IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C
OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE OF SUCH ENTI-
TY WHO HAS OR WILL HAVE DIRECT CONTACT OR THE POTENTIAL FOR DIRECT
CONTACT WITH ANY PATIENT OR CLIENT OF SUCH ENTITY.
(B) ACCESS TO AND THE USE OF SUCH INFORMATION SHALL BE GOVERNED BY
SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
S 5. Article 28-D of the public health law is amended by adding a new
title 2-A to read as follows:
TITLE II-A
REVIEW OF CRIMINAL HISTORY INFORMATION
CONCERNING CERTAIN
PROSPECTIVE EMPLOYEES OF
NURSING HOMES AND HOME
CARE SERVICES AGENCIES
SECTION 2896-P. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING
CERTAIN PROSPECTIVE EMPLOYEES OF NURSING HOMES AND HOME
CARE SERVICES AGENCIES.
S 2896-P. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING CERTAIN
PROSPECTIVE EMPLOYEES OF NURSING HOMES AND HOME CARE SERVICES AGENCIES.
1. EVERY CERTIFIED HOME HEALTH AGENCY, LICENSED HOME CARE SERVICES AGEN-
CY OR LONG TERM HOME HEALTH CARE PROGRAM CERTIFIED UNDER ARTICLE THIR-
TY-SIX OF THIS CHAPTER, RESIDENTIAL HEALTH CARE FACILITY LICENSED UNDER
THIS ARTICLE, HOME CARE SERVICES AGENCY EXEMPT FROM CERTIFICATION OR
LICENSURE UNDER ARTICLE THIRTY-SIX OF THIS CHAPTER, AND HOSPICE AS
DEFINED IN SECTION FOUR THOUSAND TWO OF THIS CHAPTER SHALL REQUEST AND
IS AUTHORIZED TO RECEIVE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES
CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED IN PARAGRAPH A
OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECU-
TIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE OF SUCH ENTITY WHO HAS OR
A. 3412 3
WILL HAVE DIRECT CONTACT OR THE POTENTIAL FOR DIRECT CONTACT WITH ANY
PATIENT OR CLIENT OF SUCH ENTITY.
2. ACCESS TO AND THE USE OF SUCH INFORMATION SHALL BE GOVERNED BY
SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
S 6. The social services law is amended by adding a new section 390-j
to read as follows:
S 390-J. REVIEW OF CRIMINAL HISTORY INFORMATION REGARDING CHILD CARE
PROVIDERS. 1. EVERY CHILD DAY CARE PROVIDER REQUIRED TO BE LICENSED OR
REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION THREE HUNDRED NINETY
OF THIS TITLE SHALL REQUEST AND IS AUTHORIZED TO RECEIVE FROM THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH
PHRASE IS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION EIGHT
HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE
EMPLOYEE OF SUCH ENTITY WHO HAS OR WILL HAVE DIRECT CONTACT OR THE
POTENTIAL FOR DIRECT CONTACT WITH ANY CHILD UNDER THE CARE OF SUCH
PROVIDER.
2. A PROGRAM, SCHOOL OR FACILITY DESCRIBED IN SUBPARAGRAPH (II) OF
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THIS
TITLE MAY REQUEST AND IS AUTHORIZED TO RECEIVE FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE
IS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
FORTY-FIVE-C OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE EMPLOYEE
OF SUCH ENTITY WHO HAS OR WILL HAVE DIRECT CONTACT OR THE POTENTIAL FOR
DIRECT CONTACT WITH ANY CHILD UNDER THE CARE OF SUCH PROVIDER.
3. ACCESS TO AND THE USE OF CRIMINAL HISTORY INFORMATION PURSUANT TO
SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL BE GOVERNED BY SECTION
EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW.
S 7. Subdivision 9 of section 835 of the executive law, as separately
amended by chapters 14 and 155 of the laws of 2012, is amended to read
as follows:
9. "Qualified agencies" means courts in the unified court system, the
administrative board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department of
corrections and community supervision, the department of correction of
any municipality, the financial frauds and consumer protection unit of
the state department of financial services, the office of professional
medical conduct of the state department of health for the purposes of
section two hundred thirty of the public health law, the child protec-
tive services unit of a local social services district when conducting
an investigation pursuant to subdivision six of section four hundred
twenty-four of the social services law, the office of Medicaid inspector
general, the temporary state commission of investigation, THE COMMISSION
ON CRIMINAL HISTORY INFORMATION, police forces and departments having
responsibility for enforcement of the general criminal laws of the
state, the Onondaga County Center for Forensic Sciences Laboratory when
acting within the scope of its law enforcement duties and the division
of forensic services of the Nassau county medical examiner's office when
acting within the scope of its law enforcement duties.
S 8. The executive law is amended by adding three new sections 845-c,
845-d and 845-e to read as follows:
S 845-C. REQUESTS FOR CRIMINAL HISTORY INFORMATION BY AUTHORIZED
EMPLOYERS. 1. AS USED IN THIS SECTION:
A. "CRIMINAL HISTORY INFORMATION" SHALL MEAN A RECORD OF PENDING
CRIMINAL CHARGES, CRIMINAL CONVICTIONS WHICH ARE NOT VACATED OR
REVERSED, AND CERTIFICATES FILED PURSUANT TO SUBDIVISION TWO OF SECTION
SEVEN HUNDRED FIVE OF THE CORRECTION LAW, AND WHICH THE DIVISION OF
A. 3412 4
CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO MAINTAIN PURSUANT TO SUBDIVI-
SION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS ARTICLE.
B. "EMPLOYER" SHALL MEAN A PERSON OR ENTITY AUTHORIZED TO REQUEST
CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO OF THIS
SECTION.
C. "PROSPECTIVE EMPLOYEE" SHALL MEAN A PERSON WHO FILES AN APPLICATION
FOR EMPLOYMENT AND THE EMPLOYER HAS A REASONABLE EXPECTATION TO HIRE
SUCH PERSON, AND FOR WHOM THE EMPLOYER IS AUTHORIZED TO REQUEST CRIMINAL
HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
D. "AUTHORIZED PERSON" SHALL MEAN ONE INDIVIDUAL DESIGNATED BY AN
EMPLOYER WHO IS AUTHORIZED TO REQUEST, RECEIVE AND REVIEW CRIMINAL
HISTORY INFORMATION PURSUANT TO THIS SECTION, EXCEPT THAT WHERE THE
NUMBER OF APPLICATIONS RECEIVED BY AN EMPLOYER IS SO GREAT THAT ONE
PERSON CANNOT REASONABLY PERFORM THE FUNCTIONS OF THE AUTHORIZED PERSON,
AN EMPLOYER MAY DESIGNATE ONE OR MORE ADDITIONAL PERSONS TO SERVE AS AN
AUTHORIZED PERSON PURSUANT TO THIS SECTION.
2. WHERE AN EMPLOYER IS AUTHORIZED OR REQUIRED TO REQUEST AND REVIEW
CRIMINAL HISTORY INFORMATION PURSUANT TO SECTION ONE HUNDRED
EIGHTY-FOUR-B OF THE GENERAL BUSINESS LAW, SECTION 16.39 OR 31.39 OF THE
MENTAL HYGIENE LAW, SECTION TWENTY-EIGHT HUNDRED NINETY-SIX-P OF THE
PUBLIC HEALTH LAW OR SECTION THREE HUNDRED NINETY-J OF THE SOCIAL
SERVICES LAW, SUCH EMPLOYER SHALL PROCEED PURSUANT TO THE PROVISIONS OF
THIS SECTION AND IN A MANNER CONSISTENT WITH THE PROVISIONS OF ARTICLE
TWENTY-THREE-A OF THE CORRECTION LAW, SUBDIVISIONS FIFTEEN AND SIXTEEN
OF SECTION TWO HUNDRED NINETY-SIX OF THIS CHAPTER AND ALL OTHER APPLICA-
BLE LAWS.
3. A. AN EMPLOYER AUTHORIZED TO REQUEST AND RECEIVE CRIMINAL HISTORY
INFORMATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL DESIGNATE
ONE AUTHORIZED PERSON WHO SHALL REQUEST, RECEIVE AND REVIEW CRIMINAL
HISTORY INFORMATION ON BEHALF OF SUCH EMPLOYER PURSUANT TO THIS SECTION.
ONLY SUCH AUTHORIZED PERSON AND THE PROSPECTIVE EMPLOYEE TO WHOM SUCH
CRIMINAL HISTORY INFORMATION RELATES SHALL HAVE ACCESS TO SUCH INFORMA-
TION; PROVIDED, HOWEVER, THAT CRIMINAL HISTORY INFORMATION RECEIVED BY
AN EMPLOYER MAY BE DISCLOSED TO OTHER PERSONS WHO ARE DIRECTLY PARTIC-
IPATING IN THE DECISION TO EMPLOY SUCH PROSPECTIVE EMPLOYEE AND PROVIDED
FURTHER THAT SUCH OTHER PERSONS SHALL ALSO BE SUBJECT TO THE CONFIDEN-
TIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION. EACH
EMPLOYER SHALL SPECIFICALLY IDENTIFY TO THE DIVISION, IN WRITING, IN
ADVANCE OF DISCLOSURE, THE AUTHORIZED PERSON AND EACH OTHER SUCH AGENT
OR EMPLOYEE OF THE EMPLOYER WHO IS PERMITTED TO HAVE ACCESS TO CRIMINAL
HISTORY INFORMATION PURSUANT TO THIS SECTION.
B. AN EMPLOYER REQUESTING CRIMINAL HISTORY INFORMATION PURSUANT TO
THIS SECTION SHALL DO SO BY COMPLETING A FORM DEVELOPED FOR SUCH PURPOSE
BY THE DIVISION. SUCH FORM SHALL INCLUDE A SWORN STATEMENT OF THE
AUTHORIZED PERSON CERTIFYING THAT: (I) THE PERSON WHOSE CRIMINAL HISTORY
INFORMATION IS REQUESTED HAS APPLIED TO BE AN EMPLOYEE FOR WHOM CRIMINAL
HISTORY INFORMATION IS AVAILABLE BY LAW; (II) THE SPECIFIC TYPE OF
PROSPECTIVE EMPLOYMENT AND, WHERE APPLICABLE, PROSPECTIVE EMPLOYMENT
DUTIES WHICH QUALIFY THE EMPLOYER TO REVIEW CRIMINAL HISTORY INFORMA-
TION; (III) SUCH CRIMINAL HISTORY INFORMATION WILL BE USED BY THE
EMPLOYER SOLELY FOR PURPOSES AUTHORIZED BY LAW; AND (IV) THE EMPLOYER
AND ITS AGENTS AND EMPLOYEES ARE AWARE OF AND WILL ABIDE BY THE CONFI-
DENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS ARTICLE.
C. AN EMPLOYER AUTHORIZED TO REQUEST CRIMINAL HISTORY INFORMATION
PURSUANT TO THIS SECTION MAY INQUIRE OF THE PROSPECTIVE EMPLOYEE IN THE
MANNER AUTHORIZED BY SUBDIVISION SIXTEEN OF SECTION TWO HUNDRED NINETY-
A. 3412 5
SIX OF THIS CHAPTER. PRIOR TO REQUESTING SUCH INFORMATION, AN EMPLOYER
SHALL:
(I) INFORM THE PROSPECTIVE EMPLOYEE IN WRITING THAT THE EMPLOYER IS
AUTHORIZED OR, WHERE APPLICABLE, REQUIRED TO REQUEST HIS OR HER CRIMINAL
HISTORY INFORMATION FROM THE DIVISION AND REVIEW SUCH INFORMATION PURSU-
ANT TO THIS SECTION;
(II) INFORM THE PROSPECTIVE EMPLOYEE THAT HE OR SHE HAS THE RIGHT TO
OBTAIN, REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFOR-
MATION PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVI-
SION;
(III) OBTAIN THE SIGNED, INFORMED CONSENT OF THE PROSPECTIVE EMPLOYEE
ON A FORM SUPPLIED BY THE DIVISION OF WHICH INDICATES THAT SUCH PERSON
HAS:
(A) BEEN INFORMED OF THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
(B) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION;
(C) CONSENTED TO SUCH REQUEST FOR A REPORT; AND
(D) SUPPLIED ON THE FORM A CURRENT MAILING OR HOME ADDRESS FOR THE
PROSPECTIVE EMPLOYEE.
UPON RECEIVING SUCH WRITTEN CONSENT, THE EMPLOYER SHALL RECEIVE OR
OBTAIN THE FINGERPRINTS OF SUCH PROSPECTIVE EMPLOYEE PURSUANT TO REGU-
LATIONS ESTABLISHED BY THE DIVISION.
D. A PROSPECTIVE EMPLOYEE MAY WITHDRAW HIS OR HER APPLICATION FOR
EMPLOYMENT PURSUANT TO THIS SECTION, WITHOUT PREJUDICE, AT ANY TIME
BEFORE EMPLOYMENT IS OFFERED OR DECLINED, REGARDLESS OF WHETHER THE
PROSPECTIVE EMPLOYEE OR EMPLOYER HAS REVIEWED SUCH PROSPECTIVE EMPLOY-
EE'S CRIMINAL HISTORY INFORMATION.
E. THE DIVISION SHALL PROVIDE REQUESTED CRIMINAL HISTORY INFORMATION
WITHIN FIFTEEN BUSINESS DAYS AFTER THE RECEIPT OF A REQUEST PURSUANT TO
THIS SECTION IF SUCH REQUEST IS:
(I) MADE BY AN AUTHORIZED PERSON ON BEHALF OF AN EMPLOYER AUTHORIZED
TO RECEIVE CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION TWO OF
THIS SECTION;
(II) ACCOMPANIED BY THE COMPLETED FORMS DESCRIBED IN THIS SUBDIVISION;
(III) ACCOMPANIED BY FINGERPRINTS OF THE PROSPECTIVE EMPLOYEE
OBTAINED PURSUANT TO THIS SUBDIVISION.
F. CRIMINAL HISTORY INFORMATION PROVIDED BY THE DIVISION PURSUANT TO
THIS SECTION SHALL BE FURNISHED ONLY BY MAIL OR OTHER METHOD OF SECURE
AND CONFIDENTIAL DELIVERY, ADDRESSED TO THE AUTHORIZED PERSON. SUCH
INFORMATION AND THE ENVELOPE IN WHICH IT IS ENCLOSED SHALL BE PROMINENT-
LY MARKED "CONFIDENTIAL", AND SHALL AT ALL TIMES BE MAINTAINED BY THE
EMPLOYER IN A SECURE PLACE.
G. ANY NEGLIGENT DISCLOSURE OF A CONFIDENTIAL REPORT, RECEIVED BY AN
EMPLOYER PURSUANT TO THIS SECTION, TO A PERSON NOT AUTHORIZED TO REVIEW
IT SHALL ENTITLE THE SUBJECT OF SUCH REPORT TO AN AWARD OF COMPENSATORY
DAMAGES FROM THE EMPLOYER, TOGETHER WITH THE COSTS OF THE ACTION. ANY
RECKLESS DISCLOSURE OF A CONFIDENTIAL REPORT, RECEIVED BY AN EMPLOYER
PURSUANT TO THIS SECTION, TO A PERSON NOT AUTHORIZED TO REVIEW IT SHALL
ENTITLE THE SUBJECT OF SUCH REPORT TO THREE TIMES THE AWARD OF COMPENSA-
TORY DAMAGES FROM THE EMPLOYER, TOGETHER WITH THE COSTS OF THE ACTION.
ANY INTENTIONAL DISCLOSURE OF A CONFIDENTIAL REPORT, RECEIVED BY AN
EMPLOYER PURSUANT TO THIS SECTION, TO A PERSON NOT AUTHORIZED TO REVIEW
IT SHALL ENTITLE THE SUBJECT OF SUCH REPORT TO THREE TIMES THE AWARD OF
COMPENSATORY DAMAGES FROM THE EMPLOYER, TOGETHER WITH THE COSTS OF THE
ACTION, AND SUCH PLAINTIFF MAY RECOVER PUNITIVE DAMAGES AS WELL.
A. 3412 6
H. FINGERPRINTS RECEIVED BY THE DIVISION PURSUANT TO THIS SECTION
SHALL BE USED ONLY TO ASSIST THE DIVISION IN PROVIDING CRIMINAL HISTORY
INFORMATION TO AUTHORIZED EMPLOYERS PURSUANT TO THIS SECTION. SUCH
FINGERPRINTS SHALL BE RETURNED TO THE PERSON WHO IS THE SUBJECT OF SUCH
FINGERPRINTS WITHIN NINETY DAYS AFTER THE DIVISION SUPPLIES THE
REQUESTED CRIMINAL HISTORY INFORMATION OR RECEIVES NOTICE THAT THE
PERSON HAS WITHDRAWN THE APPLICATION FOR EMPLOYMENT, OR AT SUCH OTHER
TIME AS AUTHORIZED PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO OF SECTION
EIGHT HUNDRED FORTY-FIVE-E OF THIS ARTICLE.
4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION EIGHT-A OF SECTION
EIGHT HUNDRED THIRTY-SEVEN OF THIS ARTICLE OR ANY OTHER LAW, NO FEE
SHALL BE CHARGED FOR ANY CRIMINAL HISTORY REPORT PROVIDED PURSUANT TO
THIS SECTION OR SUBDIVISION TWENTY OF SECTION TWENTY-FIVE HUNDRED NINE-
TY-H OF THE EDUCATION LAW.
5. THE COMMISSIONER SHALL, SUBJECT TO THE APPROVAL OF THE COMMISSION
ON CRIMINAL HISTORY INFORMATION, PROMULGATE ALL RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION, WHICH SHALL
INCLUDE CONVENIENT PROCEDURES FOR PERSONS TO PROMPTLY VERIFY THE ACCURA-
CY OF THEIR CRIMINAL HISTORY INFORMATION AND, TO THE EXTENT AUTHORIZED
BY LAW, TO HAVE ACCESS TO RELEVANT DOCUMENTS RELATED THERETO. IN ADDI-
TION, ANY SUCH RULE OR REGULATION PROMULGATED BY THE COMMISSIONER PRIOR
TO THE EFFECTIVE DATE OF SECTION EIGHT HUNDRED FORTY-FIVE-E OF THIS
ARTICLE SHALL BE INEFFECTIVE AND DEEMED REPEALED IF DISAPPROVED BY THE
COMMISSION, WHEN FORMED, BY MAJORITY VOTE.
6. NOTHING HEREIN SHALL BE CONSTRUED OR INTERPRETED TO ALTER THE
PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW OR SECTION
TWO HUNDRED NINETY-EIGHT OF THIS CHAPTER, NOR IN ANY WAY DIMINISH THE
INTEGRITY OF COLLECTIVE BARGAINING AGREEMENTS NEGOTIATED BETWEEN AN
EMPLOYER AND ANY CERTIFIED OR AUTHORIZED COLLECTIVE BARGAINING AGENT FOR
AN EMPLOYEE OR PROSPECTIVE EMPLOYEE, NOR TO DIMINISH RIGHTS WHICH ACCRUE
TO SUCH EMPLOYEES OR PROSPECTIVE EMPLOYEES PURSUANT TO SUCH AGREEMENTS.
S 845-D. COMMISSION ON CRIMINAL HISTORY INFORMATION. THERE IS HEREBY
CREATED IN THE EXECUTIVE DEPARTMENT THE COMMISSION ON CRIMINAL HISTORY
INFORMATION, WHICH SHALL CONSIST OF THE FOLLOWING TWELVE MEMBERS WHO
SHALL BE APPOINTED NO LESS THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF
THIS SECTION:
1. THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR:
A. ONE SUCH MEMBER SHALL BE THE COMMISSIONER;
B. ONE SUCH MEMBER SHALL BE APPOINTED ON THE RECOMMENDATION OF A
STATEWIDE ORGANIZATION OF EMPLOYERS, WHOSE MEMBERSHIP INCLUDES EMPLOY-
ERS, AS SUCH TERM IS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF
SECTION EIGHT HUNDRED FORTY-FIVE-C OF THIS ARTICLE;
C. ONE SUCH MEMBER SHALL BE A REPRESENTATIVE OF LABOR, WHO SHALL BE
APPOINTED ON THE RECOMMENDATION OF THE NEW YORK STATE FEDERATION OF THE
AFL-CIO;
2. THREE MEMBERS SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF
APPEALS:
A. ONE SUCH MEMBER SHALL BE A JUDGE OR FORMER JUDGE WHO HAS SUBSTAN-
TIAL EXPERIENCE IN PRESIDING OVER COURTS OF CRIMINAL JURISDICTION;
B. ONE SUCH MEMBER SHALL BE AN ACADEMIC EXPERT WITH SIGNIFICANT EXPE-
RIENCE IN COMPUTER HARDWARE AND SOFTWARE APPLICATIONS AND COMPUTERIZED
ACCESS TO DATABASE INFORMATION;
C. ONE SUCH MEMBER SHALL BE AN EXPERT IN PRIVACY ISSUES;
3. TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
4. TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
A. 3412 7
5. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
AND
6. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY.
S 845-E. POWERS AND DUTIES OF THE COMMISSION ON CRIMINAL HISTORY
INFORMATION. 1. AFTER REVIEW AND STUDY AND INVITING AND RECEIVING ANY
PUBLIC COMMENT, THE COMMISSION ON CRIMINAL HISTORY INFORMATION, HEREIN-
AFTER REFERRED TO AS THE COMMISSION, SHALL PROMULGATE STANDARDS AND
REGULATIONS GOVERNING THE PROCEDURES OF THE DIVISION PURSUANT TO SECTION
EIGHT HUNDRED FORTY-FIVE-C OF THIS ARTICLE, INCLUDING THE PROVISION OF
CRIMINAL HISTORY INFORMATION TO AUTHORIZED EMPLOYERS AND EMPLOYEES
PURSUANT TO SUCH SECTION. THE STANDARDS AND REGULATIONS PROMULGATED BY
THE COMMISSION SHALL INCLUDE PROCEDURES DESIGNED TO ASSURE THAT:
A. CRIMINAL HISTORY INFORMATION PROVIDED TO AUTHORIZED EMPLOYERS AND
PROSPECTIVE EMPLOYERS INCLUDES ONLY SUCH INFORMATION AS MAY BE DISCLOSED
BY LAW AND IS ACCURATE, UP TO DATE AND PROVIDED IN A TIMELY MANNER;
B. UP-TO-DATE STATUS INFORMATION IS MAINTAINED SO THAT CASES WHICH
HAVE BEEN DISPOSED OF ARE ACCURATELY REPORTED;
C. TO THE MAXIMUM EXTENT POSSIBLE, ALL PROVISIONS OF LAW CONCERNING
THE CONFIDENTIALITY OF FINGERPRINTS AND CRIMINAL HISTORY INFORMATION ARE
OBSERVED BY THE DIVISION, BY EMPLOYERS AND PROSPECTIVE EMPLOYERS AUTHOR-
IZED BY LAW TO REVIEW SUCH INFORMATION, AND BY THEIR AGENTS AND ASSIGNS;
D. FREQUENT AUDITS AND REVIEWS OF THE CRIMINAL HISTORY DATABASE, MAIN-
TAINED PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN
OF THIS ARTICLE, ARE CONDUCTED BY A QUALIFIED, INDEPENDENT, NON-GOVERN-
MENTAL ENTITY, THE RESULTS OF WHICH SHALL BE MADE AVAILABLE TO THE
PUBLIC, AND WHICH SHALL ASSESS AND MONITOR THE ACCURACY, COMPLETENESS
AND TIMELINESS OF DATABASE INFORMATION, INCLUDING THE DIVISION'S COMPLI-
ANCE WITH ALL APPLICABLE LAWS WITH RESPECT TO THE MAINTENANCE OF SUCH
RECORDS.
2. FOR EACH CATEGORY OF EMPLOYERS AUTHORIZED TO HAVE ACCESS TO CRIMI-
NAL HISTORY INFORMATION PURSUANT TO SECTION EIGHT HUNDRED FORTY-FIVE-C
OF THIS ARTICLE, THE COMMISSION SHALL, AFTER REVIEW AND STUDY AND INVIT-
ING AND RECEIVING ANY PUBLIC COMMENT, PROMULGATE STANDARDS AND PROCE-
DURES FOR THE FOLLOWING MATTERS:
A. WHETHER, INSTEAD OF RETURNING FINGERPRINTS UPON COMPLETION OF THE
INITIAL SEARCH, THE DIVISION SHALL SUBJECT ALL OR SELECTED CATEGORIES OF
THE FINGERPRINTS OBTAINED BY THE DIVISION PURSUANT TO SUCH SECTION TO
THE DIVISION'S FULL SEARCH AND RETAIN PROCEDURES; AND
B. WHETHER SUCH EMPLOYER, OR ANY ONE OR MORE SUBCATEGORY OF SUCH
PERSON OR ENTITY'S PROSPECTIVE EMPLOYEES, SHALL, IN ADDITION TO SUCH
AUTHORIZED OR REQUIRED STATE CRIMINAL HISTORY CHECKS, BE AUTHORIZED OR
REQUIRED TO SUBMIT OR CAUSE THE SUBMISSION OF FINGERPRINTS TO THE FEDER-
AL BUREAU OF INVESTIGATION FOR A NATIONWIDE CRIMINAL HISTORY SEARCH
CONCERNING SUCH PERSON PURSUANT TO APPLICABLE FEDERAL LAWS.
3. NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT BY VIRTUE OF HIS OR HER APPOINTMENT HEREUNDER. MEMBERS OF
THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT
SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR FUNCTIONS HEREUNDER. A MEMBER OF THE COMMISSION MAY
BE REMOVED BY THE APPOINTING AUTHORITY ONLY FOR GOOD CAUSE, AFTER NOTICE
AND AN OPPORTUNITY TO BE HEARD. VACANCIES SHALL BE FILLED IN THE SAME
MANNER AS ORIGINAL APPOINTMENTS.
4. THE COMMISSION SHALL BE AUTHORIZED TO:
A. 3412 8
A. CALL UPON ANY COURT, AGENCY, DEPARTMENT, OFFICE, DIVISION OR PUBLIC
AUTHORITY OF THIS STATE TO SUPPLY IT WITH SUCH INFORMATION AND ASSIST-
ANCE AS THE COMMISSION DEEMS NECESSARY TO DISCHARGE ITS RESPONSIBIL-
ITIES. EACH COURT, AGENCY, DEPARTMENT, OFFICE, DIVISION AND PUBLIC
AUTHORITY OF THIS STATE SHALL COOPERATE WITH THE COMMISSION AND FURNISH
SUCH INFORMATION AND ASSISTANCE AS IT REQUESTS TO ACCOMPLISH ITS
PURPOSES;
B. CONDUCT PUBLIC HEARINGS, HEAR THE TESTIMONY OF WITNESSES AND
REQUIRE THE PRODUCTION OF ANY DOCUMENTS THE COMMISSION DEEMS REASONABLY
NECESSARY TO CARRY OUT ITS RESPONSIBILITIES;
C. APPOINT AN EXECUTIVE DIRECTOR, A COUNSEL OR COUNSELS AND SUCH OTHER
STAFF AS THE COMMISSION DETERMINES NECESSARY TO CARRY OUT ITS RESPONSI-
BILITIES;
D. CONTRACT WITH ANY STATE OR PRIVATE ENTITY FOR THE PROVISION OF SUCH
SERVICES AS THE COMMISSION DETERMINES TO BE NECESSARY; AND
E. TAKE SUCH OTHER ACTIONS NOT INCONSISTENT WITH THE PURPOSES OF THIS
SECTION AS SHALL ENABLE THE COMMISSION TO CARRY OUT ITS FUNCTIONS.
5. MATTERS BEFORE THE COMMISSION SHALL BE DECIDED BY MAJORITY VOTE,
EXCEPT THAT NO ACTION OR DECISION MAY BE APPROVED BY THE COMMISSION
PURSUANT TO PARAGRAPH A OR B OF SUBDIVISION TWO OF THIS SECTION UNLESS
SUCH ACTION OR DECISION IS APPROVED BY THE AFFIRMATIVE VOTES OF
TWO-THIRDS OR MORE OF THE MEMBERS OF SUCH COMMISSION. A CHAIRPERSON OF
THE COMMISSION SHALL BE SELECTED FROM AMONG THE MEMBERS OF THE COMMIS-
SION, BY MAJORITY VOTE.
6. THE COMMISSION SHALL ISSUE AN INTERIM REPORT TO THE GOVERNOR, CHIEF
JUDGE OF THE COURT OF APPEALS, THE TEMPORARY PRESIDENT OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADERS OF THE SENATE AND
ASSEMBLY ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND SIXTEEN AND ANNUAL
REPORTS ON EACH SEPTEMBER FIRST THEREAFTER IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. SUCH REPORT SHALL ALSO BE MADE AVAILABLE TO
THE PUBLIC.
S 9. Subdivision 8-a of section 837 of the executive law, as amended
by chapter 561 of the laws of 2006, is amended to read as follows:
8-a. Charge a fee when, pursuant to statute or the regulations of the
division, it conducts a search of its criminal history records and
returns a report thereon in connection with an application for employ-
ment or for a license or permit, EXCEPT AS PROVIDED IN SUBDIVISION FOUR
OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THIS ARTICLE. The division
shall adopt and may, from time to time, amend a schedule of such fees
which shall be in amounts determined by the division to be reasonably
related to the cost of conducting such searches and returning reports
thereon but, in no event, shall any such fee exceed twenty-five dollars
and an additional surcharge of fifty dollars. The comptroller is hereby
authorized to deposit such fees into the general fund, provided, howev-
er, that the monies received by the division of criminal justice
services for payment of the additional surcharge shall be deposited in
equal amounts to the general fund and to the fingerprint identification
and technology account. Notwithstanding the foregoing, the division
shall not request or accept any fee for searching its records and
supplying a criminal history report pursuant to section two hundred
fifty-one-b of the general business law relating to participating in
flight instruction at any aeronautical facility, flight school or insti-
tution of higher learning.
S 10. This act shall take effect immediately provided that sections
one through six of this act and section 845-e of the executive law as
added by section eight of this act shall take effect on the ninetieth
A. 3412 9
day after this act shall have become a law. Effective immediately, any
rules and regulations of the division of criminal justice services
necessary to implement the provisions of this act may be promulgated
prior to such effective date.