NY State Senate Bill 2019-S6023

Senate Bill S6023

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2020	reported and committed to finance
Jan 08, 2020	referred to children and families returned to senate died in assembly
Jun 19, 2019	referred to children and families
Jun 18, 2019	delivered to assembly passed senate ordered to third reading cal.1578 committee discharged and committed to rules
May 16, 2019	referred to children and families

Votes

- Jun 18, 2019 - Floor Vote
  S6023
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 18, 2019 - Rules Committee Vote
  S6023
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
  Jan 21, 2020 - Children And Families Committee Vote
  S6023
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jan 21, 2020
      
      aye (7)
      
      Addabbo Jr.
      
      Kaplan
      
      Montgomery
      
      Persaud
      
      Salazar
      
      Serino
      
      Tedisco

co-Sponsors

2019-S6023 (ACTIVE) - Details

See Assembly Version of this Bill:: A7506
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §390-e, Soc Serv L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1488, A4481
2023-2024: S1605, A4490

2019-S6023 (ACTIVE) - Summary

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

2019-S6023 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6023

SPONSOR: SERRANO
 
TITLE OF BILL:  An act to amend the social services law and the execu-
tive law, in relation to the provision of criminal history background
checks free of charge to mentoring programs operated by not-for-profit
corporations

 
PURPOSE:

To direct the Division of Criminal Justice Services to provide criminal
background checks to not-for-profit mentoring programs free of charge.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subdivision 4 of section 390-e of the
social services law to provide that there shall be no processing fee for
criminal background checks requested by not-for-profit mentoring
programs.

Section 2 amends subdivision 8-a of section 837 of the executive law to

provide that the Division of Criminal Justice Services shall not request
or accept any fee for conducting criminal background checks for not-for-
profit mentoring programs.

Section 3 amends subdivision 1 of section 390-e of the social services
law to include mentoring programs such as corporations which have been
incorporated pursuant to subparagraph five of paragraph (a) of section
102 of the not-for-profit corporation law or section 102 of the business
corporation law, educational institutions or schools districts, and
youth sports programs.

Section 4 provides the effective date.

 
EXISTING LAW:

Not-for-profit-mentoring programs are currently assessed a fee for crim-
inal background checks.

 
JUSTIFICATION:

Youth mentoring programs provide a needed service in our communities.
They match troubled or at risk youth with positive adult role models in
long-term mentoring friendships for the purpose of guiding them through
difficult life decisions and circumstances. However, not-for-profit
mentoring programs have very limited resources and the cost of criminal
background checks can be prohibitive. This bill would all a not-for-pro-
fit mentoring program to avoid the fee associated with a background
check, thus allowing the organization to dedicate its scarce resources
to providing service to the community.

 
LEGISLATIVE HISTORY:

2010: S.8046- Referred to Children and Families
2011: S.2522- Referred to Children and Families
2015-16: A.8126- Held for Consideration in Children and Families.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the 60 day after it shall become law.

2019-S6023 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6023
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed 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:
 
   Section 1. Subdivision 4 of section 390-e of the social services  law,
 as  added  by  chapter  459  of  the laws of 2006, is amended to read as
 follows:
   4. Every mentoring program that chooses to apply for a criminal histo-
 ry background check with the division of criminal justice services shall
 obtain a set of fingerprints from each individual for  whom  a  criminal
 background  check  is  to  be completed and such other information as is
 required by the office and the division of  criminal  justice  services.
 For  each  prospective employee or mentor for whom the mentoring program
 completes a criminal  background  check,  the  mentoring  program  shall
 provide  the applicant with blank fingerprint cards and a description of
 how the completed fingerprint card will be used upon submission  to  the
 mentoring  program.  The  mentoring program shall promptly transmit such
 fingerprint card and the processing fee to the office; PROVIDED,  HOWEV-
 ER,  IF  THE  MENTORING  PROGRAM  IS OPERATED BY A NOT-FOR-PROFIT CORPO-
 RATION, NO PROCESSING FEE SHALL BE IMPOSED  FOR  A  CRIMINAL  BACKGROUND
 CHECK.  The  office  shall  promptly submit the fingerprint card and the
 processing fee, IF imposed pursuant to subdivision  eight-a  of  section
 eight  hundred  thirty-seven  of  the  executive law, to the division of
 criminal justice services for its full search and retain processing.
   § 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11427-01-9

 S. 6023                             2
 
   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. 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 gener-
 al business law relating to participating in flight instruction  at  any
 aeronautical  facility, flight school or institution of higher learning,
 OR PURSUANT TO SECTION THREE HUNDRED NINETY-E OF THE SOCIAL SERVICES LAW
 WHEN THE DIVISION IS SUPPLYING A CRIMINAL HISTORY REPORT TO A  MENTORING
 PROGRAM OPERATED BY A NOT-FOR-PROFIT CORPORATION.
   §  3.  Paragraph  (c)  of subdivision 1 of section 390-e of the social
 services law, as added by chapter 459 of the laws of 2006, is amended to
 read as follows:
   (c) "Mentoring program" shall mean a formalized program, operated by:
   (I) a corporation which has been incorporated pursuant to subparagraph
 five of paragraph (a) of section one hundred two of  the  not-for-profit
 corporation  law  or  pursuant  to subparagraph four of paragraph (a) of
 section one hundred two of the business corporation  law[,  or  operated
 by];
   (II) an educational institution or school district, that matches youth
 with  adult  volunteers  with  the  purpose of providing such youth with
 positive role models to enhance their development; OR
   (III) A YOUTH SPORTS PROGRAM.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S6023

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Sponsored By

Jose M. Serrano