S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1366
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- 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 day care for children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 378-b to read as follows:
   §  378-B.  CERTIFICATES  AND LICENSES; RECORD ACCESS; PROHIBITIONS. 1.
 NOTWITHSTANDING THE PROVISIONS OF ANY LAW, RULE  OR  REGULATION  TO  THE
 CONTRARY,  NO  LICENSE,  PERMIT,  CERTIFICATE  OR  REGISTRATION SHALL BE
 ISSUED BY THE DEPARTMENT OR ANY AUTHORIZED AGENCY  TO  AN  APPLICANT  TO
 OPERATE  A  CHILD  DAY  CARE  CENTER, HEAD START DAY CARE CENTER PROGRAM
 FUNDED PURSUANT TO TITLE V OF THE FEDERAL ECONOMIC  OPPORTUNITY  ACT  OF
 1964,  SCHOOL AGE CHILD CARE PROGRAM, GROUP FAMILY DAY CARE HOME, FAMILY
 DAY CARE HOME, NOR  WHERE  GRANTED,  SHALL  ANY  SUCH  LICENSE,  PERMIT,
 CERTIFICATE  OR  REGISTRATION  BE  RENEWED  FOR  ANY SUCH ENTITY, IF THE
 APPLICANT AND/OR OPERATOR THEREOF SHALL HAVE BEEN CONVICTED OF A VIOLENT
 FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL  LAW,  OR  SHALL
 HAVE  BEEN  CONVICTED  OF A MISDEMEANOR OR FELONY AS DEFINED IN ARTICLES
 ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE,  ONE  HUNDRED  THIRTY,  ONE
 HUNDRED  THIRTY-FIVE,  TWO HUNDRED FIVE, TWO HUNDRED TWENTY, TWO HUNDRED
 TWENTY-ONE, TWO HUNDRED THIRTY, TWO  HUNDRED  THIRTY-FIVE,  TWO  HUNDRED
 FORTY-FIVE,  TWO  HUNDRED  FIFTY-FIVE,  TWO  HUNDRED  SIXTY, TWO HUNDRED
 SIXTY-THREE AND TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW.
   2. NO SUCH ENTITY SHALL EMPLOY ANY ASSISTANT OR EMPLOYEE, NOR SHALL IT
 ACCEPT ANY PERSON FOR VOLUNTEER ACTIVITY IN ANY  SUCH  ENTITY,  IF  SUCH
 ASSISTANT,  EMPLOYEE  OR  VOLUNTEER HAS BEEN CONVICTED OF ANY OFFENSE AS
 ENUMERATED IN SUBDIVISION ONE OF THIS SECTION.   EVERY SUCH  ENTITY,  AS
 ENUMERATED  IN  SUBDIVISION  ONE OF THIS SECTION,   MAY OBTAIN, WITH THE
 CONSENT OF  THE  VOLUNTEER  OR  PROSPECTIVE  VOLUNTEER  OR  EMPLOYEE  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06233-01-9

 A. 1366                             2
 
 PROSPECTIVE  EMPLOYEE  OF SUCH ENTITY, THE CONVICTION RECORDS MAINTAINED
 BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PERTAINING TO  SUCH  VOLUN-
 TEER  OR  PROSPECTIVE  VOLUNTEER  OR  EMPLOYEE  OR PROSPECTIVE EMPLOYEE;
 PROVIDED,  HOWEVER,  THAT CONVICTION RECORDS SHALL BE REQUESTED ONLY FOR
 VOLUNTEERS OR PROSPECTIVE VOLUNTEERS, EMPLOYEES OR PROSPECTIVE EMPLOYEES
 WHO HAVE DIRECT CONTACT, AS DETERMINED BY  SUCH  ENTITY,  WITH  CHILDREN
 SERVED  BY  SUCH  ENTITY.  THE FEE FOR SUCH RECORD SHALL BE PAID BY SUCH
 ENTITY.
   3. THE CONVICTION RECORD SHALL BE MARKED "CONFIDENTIAL"  UPON  RECEIPT
 BY  THE  PERSON  WHO  HAS REQUESTED SUCH RECORDS. ONLY SUCH PERSON SHALL
 HAVE ACCESS TO SUCH CONVICTION RECORD, AND SUCH CONVICTION RECORD  SHALL
 AT  ALL  TIMES  BE  MAINTAINED IN A SECURE PLACE IN ORDER TO INSURE SUCH
 CONFIDENTIALITY. A PERSON  WHO  WILFULLY  VIOLATES  THE  CONFIDENTIALITY
 REQUIRED BY THIS SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
   4.  PRIOR TO REQUESTING A CONVICTION RECORD OF A VOLUNTEER OR PROSPEC-
 TIVE VOLUNTEER OR EMPLOYEE OR PROSPECTIVE EMPLOYEE FROM THE DIVISION  OF
 CRIMINAL JUSTICE SERVICES, A REPRESENTATIVE OF SUCH ENTITY  SHALL INFORM
 ANY  SUCH  PERSON  WHO  WORKS  DIRECTLY  WITH CHILDREN IN ANY ACTIVITIES
 AUTHORIZED BY SUCH ENTITY  THAT A REQUEST FOR A  CONVICTION  RECORD  AND
 REVIEW  THEREOF  IS REQUIRED IN ORDER FOR SUCH PERSON TO CONTINUE IN THE
 SAME CAPACITY OR FOR  SUCH  PROSPECTIVE  VOLUNTEER  OR  EMPLOYEE  TO  BE
 ACCEPTED  BY  SUCH ENTITY. SUCH PERSON SHALL SIGN A FORM PROVIDED BY THE
 DIVISION OF CRIMINAL JUSTICE SERVICES STATING THAT SUCH PERSON HAS  BEEN
 INFORMED  OF  THE  REASON FOR A REQUEST FOR HIS OR HER CONVICTION RECORD
 AND CONSENTS TO SUCH REQUEST. SUCH FORM SHALL ACCOMPANY EACH REQUEST FOR
 A CONVICTION RECORD MADE BY THE PERSON OF  SUCH  ENTITY  REQUESTING  THE
 RECORD.
   5.  AFTER  BEING INFORMED OF THE REQUIREMENT FOR SUCH ENTITY TO OBTAIN
 HIS OR HER CONVICTION RECORD AND BEFORE SUCH PERSON GIVES CONSENT TO THE
 PROVISION OF SUCH RECORD TO SUCH ENTITY, A PERSON MAY HAVE ACCESS TO HIS
 OR HER CONVICTION RECORD AS  MAINTAINED  BY  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  PURSUANT  TO  THE  PROCEDURES  OF SUCH DIVISION. SUCH
 PERSON SHALL BE PROVIDED WITH ALL NECESSARY INFORMATION REGARDING ACCESS
 TO SUCH RECORDS BY A REPRESENTATIVE OF SUCH ENTITY.  SUCH  PERSON  SHALL
 ALSO  BE PROVIDED BY SUCH DIVISION WITH INFORMATION REGARDING PROCEDURES
 FOR SUCH PERSON TO VERIFY THE ACCURACY  OF  SUCH  RECORDS.  SUCH  PERSON
 SHALL  NOTIFY  SUCH  ENTITY IF HE OR SHE WISHES TO HAVE ACCESS TO HIS OR
 HER CONVICTION RECORD PRIOR TO GIVING CONSENT TO SUCH  ENTITY'S  REQUEST
 FOR SUCH RECORD.
   6.  A PROSPECTIVE VOLUNTEER OR EMPLOYEE MAY WITHDRAW FROM THE APPLICA-
 TION PROCESS, WHETHER OR NOT HE OR SHE HAS HAD  ACCESS  TO  HIS  OR  HER
 CONVICTION  RECORD  AND  WHETHER OR NOT SUCH RECORD HAS BEEN RECEIVED BY
 SUCH ENTITY, WITHOUT PREJUDICE. IF THE CONVICTION RECORD OF SUCH  PERSON
 HAS  BEEN  RECEIVED BY SUCH ENTITY, THE PERSON DESIGNATED BY SUCH ENTITY
 TO HAVE ACCESS TO CONVICTION RECORDS SHALL DESTROY SUCH  RECORD  IF  THE
 PROSPECTIVE  VOLUNTEER  OR EMPLOYEE IS NOT HIRED AND/OR ACCEPTED BY SUCH
 ENTITY OR WITHDRAWS FROM THE APPLICATION PROCESS.
   7. THE CONVICTION RECORD OF SUCH A PERSON SHALL BE  DESTROYED  BY  THE
 PERSON  DESIGNATED  BY  SUCH ENTITY TO HAVE ACCESS TO CONVICTION RECORDS
 WHEN SUCH VOLUNTEER OR EMPLOYEE NO LONGER HAS DIRECT CONTACT WITH  CHIL-
 DREN SERVED BY SUCH ENTITY.
   8. THE PROVISIONS OF THIS SECTION SHALL NOT, HOWEVER, BE APPLICABLE TO
 ANY  PERSON WHO HAS A MINOR CHILD UNDER THE CARE AND SUPERVISION OF SUCH
 ENTITY WHERE HE OR SHE VOLUNTEERS OR IS EMPLOYED OR SEEKS EMPLOYMENT.
   9. THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  RESPOND  TO  ANY
 REQUEST FOR A CONVICTION RECORD WHICH IS ACCOMPANIED BY A FORM SIGNED BY

 A. 1366                             3
 
 THE  SUBJECT  OF SUCH REQUEST CONSENTING TO THE PROVISION OF SUCH RECORD
 MADE PURSUANT TO THIS SECTION WITHIN FOURTEEN DAYS AFTER SUCH INQUIRY IS
 RECEIVED.  THE COMMISSIONER OF SUCH DIVISION SHALL PROMULGATE RULES  AND
 REGULATIONS  PROVIDING  FOR  A  HEARING   FOR A PROSPECTIVE VOLUNTEER OR
 VOLUNTEER OR EMPLOYEE OR PROSPECTIVE EMPLOYEE BEFORE REPRESENTATIVES  OF
 SUCH  DIVISION AND THE DEPARTMENT FOR PURPOSES OF VERIFYING THE ACCURACY
 OF HIS OR HER CONVICTION RECORD AND FOR ACCESS BY SUCH PERSONS TO PERTI-
 NENT DOCUMENTS RELATED THERETO.
   10. FOR PURPOSES OF THIS SECTION, "CONVICTION RECORD" SHALL  MEAN  ANY
 RECORD  MAINTAINED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES OF
 CONVICTIONS OF A CRIME IN VIOLATION OF THE PENAL LAW OR ANY OTHER LAW OF
 ANOTHER JURISDICTION WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE
 A CRIME.
   § 2. 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 OR RETURNS A CONVICTION  REPORT  THEREON
 AS  REQUIRED  BY  SECTION  THREE  HUNDRED  SEVENTY-EIGHT-B OF THE SOCIAL
 SERVICES LAW.  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, however, 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 institution of higher learning.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall  have become a law provided, however, that the commissioner of
 the division of criminal justice services  shall  promulgate  rules  and
 regulations  prior  to  such  effective  date necessary to implement the
 provisions of this act.