S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4481--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Children and Families -- recommitted to the Committee  on  Children
   and  Families  in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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, THERE SHALL BE NO PROCESSING FEE FOR A CRIMINAL BACKGROUND CHECK FOR
 MENTORING PROGRAMS DESCRIBED IN SUBPARAGRAPHS (I) AND (III) OF PARAGRAPH
 (C)  OF  SUBDIVISION  ONE  OF  THIS SECTION.   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03206-02-1
 A. 4481--A                          2
              

 
 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:
   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 WHEN THE DIVISION IS SUPPLYING A CRIMINAL HISTORY REPORT TO A MENTOR-
 ING PROGRAM DESCRIBED IN SUBPARAGRAPHS (I) AND (III) OF PARAGRAPH (C) OF
 SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-E OF THE SOCIAL SERVICES
 LAW.
   §  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:
   (I) by a corporation which has been incorporated pursuant to  subpara-
 graph  five  of paragraph (a) of section one hundred two of the not-for-
 profit corporation law [or];
   (II) pursuant to subparagraph four of paragraph  (a)  of  section  one
 hundred two of the business corporation law[, or operated by]; OR
   (III) BY an educational institution or school district, [that matches]
 FOR  THE  PURPOSE  OF  MATCHING  youth  with  adult volunteers [with the
 purpose of providing] TO PROVIDE such youth with positive role models to
 enhance their development.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.