S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1488
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by Sens. SERRANO, KRUEGER -- 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.
              

                                                            LBD03206-01-1

 S. 1488                             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.