NY State Senate Bill 2023-S3250

Senate Bill S3250

2023-2024 Legislative Session

Requires public agencies to establish preliminary license application procedures to determine whether an applicant for a license would be ineligible for such license based on criminal history

download bill text pdf

Current Bill Status - In Assembly 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2024	referred to correction delivered to assembly passed senate ordered to third reading cal.1829 committee discharged and committed to rules
Jan 23, 2024	reported and committed to finance
Jan 03, 2024	referred to crime victims, crime and correction
Mar 08, 2023	reported and committed to finance
Jan 30, 2023	referred to crime victims, crime and correction

Votes

- Jun 6, 2024 - Floor Vote
  S3250
  
  43
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (43)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (18)
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  Jun 6, 2024 - Rules Committee Vote
  S3250
  
  12
  
  Aye
  
  4
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 6, 2024
      
      aye (12)
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (4)
      
      Gallivan
      
      Lanza
      
      O'Mara
      
      Ortt
      
      aye wr (4)
      
      Addabbo Jr.
      
      Griffo
      
      Helming
      
      Stec
  Jan 22, 2024 - Crime Victims, Crime And Correction Committee Vote
  S3250
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Jan 22, 2024
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      aye wr (2)
      
      Gallivan
      
      Rolison
  Mar 8, 2023 - Crime Victims, Crime And Correction Committee Vote
  S3250
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Mar 8, 2023
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      aye wr (2)
      
      Gallivan
      
      Rolison

co-Sponsors

View additional co-sponsors

2023-S3250 (ACTIVE) - Details

See Assembly Version of this Bill:: A4893
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Add §756, amd §755, Cor L

2023-S3250 (ACTIVE) - Summary

Requires public agencies to establish preliminary license application procedures to determine whether an applicant for a license would be ineligible for such license based on criminal history; establishes time frames for public agencies to respond to such applications; requires public agencies to report information regarding granting licenses annually.

2023-S3250 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3250

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring public
agencies to establish preliminary license application procedures to
determine whether an applicant for a license would be ineligible for
such license based on criminal history

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill intends to make the application and decision process for
certain occupational licenses in New York more transparent, specifically
regarding eligibility based on prior criminal history

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 sets the title of the legislation as the "Preliminary License
Application Navigation (PLAN) Act".

Section 2 amends the correction law by adding section 756 to include the

following provisions:

Subdivision 1 - Definitions.

Subdivision 2 - Establishes that this act only applies to public agen-
cies that already consider a license applicant's criminal history as
part of a license application process and does not expand any agency's
ability to collect or consider such information on applicants.

Subdivision 3 - Requires public agencies that already consider a license
applicant's criminal history as part of a license application to post
eligibility regarding criminal history for the license application in
clear and plain language on their website and lists the specific types
of information the public agency must disclose within these eligibility
requirements.

Subdivision 4 - Establishes that a person can submit a preliminary
license application for a determination as to whether the individual's
criminal history would bar them from the license.

Subdivision 5 - Establishes that a person can submit a preliminary
license application at any time, and that the public agency must have a
readily available form that details the process, a standard maximum fee
of $25, information as to what is allowed to be accessed during the
preliminary application regarding criminal history, and that a new
preliminary application may be submitted at any time during the process
if their circumstances change.

Subdivision 6 - Requires that the public agency begin the process of
evaluating the eligibility of a person once they receive the preliminary
license application.

Subdivision 7 - Establishes the process for the preliminary license
application, including that the agency must inform the applicant in
writing if they are deemed ineligible and specify any additional infor-
mation the applicant can provide that could result in their eligibility,

and permits an applicant to request a hearing where a hearing process
already exists for the denial of a license application.

Subdivision 8 - Establishes that an applicant may seek judicial review
after a hearing by an Article 78 proceeding.

Subdivision 9 - Prohibits private entities or persons or public agency
from requiring any person to submit a preliminary license application or
to discriminate against a person based on their decision to submit or
not submit such an application.

Subdivision 10 - Requires public agencies keep all information obtained
through a preliminary license application process confidential.

Subdivision 11 - Allows public agencies to promulgate rules and regu-
lations, regarding their preliminary license application process.

Subdivision 12 - Requires public agencies to publish annual reports
relating to preliminary license applications.

Section 3 - Establishes that the New York State Division of Human Rights
and the New York City Commission on Human Rights shall have the power to
enforce rights protected by Section 755 of the correction law.

Section 4 - Sets the effective date immediately upon passage.

 
JUSTIFICATION:

Under current law, an individual who might be disqualified from obtain-
ing an occupational license based on prior criminal history has no way
to ascertain in advance whether they would face disqualification. This
bill corrects this faulty process by establishing a method of obtaining
an advance determination of eligibility.

Applying for occupational licenses in New York State is opaque and
confusing in a way that needlessly discourages many potential appli-
cants. Currently, 25% of jobs require an occupational license.  While it
is essential for certain jobs to have a formal evaluation process for
candidates, it is also essential to be transparent about the require-
ments for those jobs. The lack of transparency tends to adversely impact
women and people of color, especially those who have been incarcerated.

When requirements are outlined, they are often vague. For example, the
requirements to become a Licensed Master Social Worker state that the
person must be of "good moral standing". The statute does not define
what a good moral standing is and can be left to different interpreta-
tions depending on who is sitting on the licensing board.

Because of this, people with criminal records experience barriers when
it comes to applying for licenses. There are often no guidelines to
indicate what the requirements are and whether an applicant with a crim-
inal record will be disqualified before they apply. This can cause
people with criminal records to spend time and money on a license they
have no chance of receiving; conversely, it can discourage people with
criminal records from applying for licenses they might be eligible for.
Requiring transparency and an opportunity for an advanced determination
of eligibility would ensure that potential applicants have accurate and

relevant information to inform their decisions on career paths, whether
they have been incarcerated or not.

Approximately 28% of women in the workforce are in jobs requiring occu-
pational licenses, as opposed to 23% of men. This, coupled with the fact
that many of the fastest-growing professions are dominated by women,
means that women are disproportionately regulated in the workforce.
These disparities can be especially stark for women of color who have
been formerly incarcerated, as their unemployment rates are 43.6%,
almost double the overall 27% unemployment rate for formerly incarcerat-
ed individuals. (The overall unemployment rate in New York is 4.4%,
which demonstrates the difficulties faced by all formerly incarcerated
individuals.).

The financial impact of the application process also creates disincen-
tives to apply. For licenses such as social work, the fee to sit for the
licensure exam is $294. This fee does not guarantee that a person will
pass, only that they can sit for the exam. It also does not take into
account the person's eligibility prior to paying this fee. This can
cause further harm, especially for formerly incarcerated individuals who
are already at risk for higher rates of poverty, homelessness, and unem-
ployment. This process discriminates against people who have been
formerly incarcerated because it requires them to pay the licensing fee
upfront before they are ever told that they may be ineligible based
solely on their criminal history. This bill would allow an individual to
verify that they are eligible for licensure before paying the much high-
er fee for the licensure exams.

This legislation will improve the licensure process and address the
disparities that vulnerable populations face on an economic and systemic
level. It will allow people.with prior criminal legal system involvement
to focus their efforts on career paths that would benefit them and their
community. By focusing on careers that a person is eligible for and
interested in, it increases their chances for success. When people with
prior criminal legal system involvement are given the chance to find
sustainable means of living after incarceration, it helps to reduce the
rates of recidivism. This not only helps the individual, but the commu-
nity, state, and nation as a whole.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S3250 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3250
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the  correction law, in relation to requiring public
   agencies to establish preliminary license  application  procedures  to
   determine  whether  an applicant for a license would be ineligible for
   such license based on criminal history
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "prelimi-
 nary license application navigation (PLAN) act".
   § 2. The correction law is amended by adding a new section 756 to read
 as follows:
   § 756. PRELIMINARY LICENSE  APPLICATION  NAVIGATION.  1.  DEFINITIONS.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "APPLICANT" MEANS ANY INDIVIDUAL INTENDING TO SUBMIT  OR  WHO  HAS
 SUBMITTED A PRELIMINARY LICENSE APPLICATION UNDER THIS SECTION.
   (B)  "CRIMINAL  HISTORY" MEANS A RECORD OF ALL CONVICTIONS AND PENDING
 CHARGES THAT A PUBLIC AGENCY IS ALLOWED TO CONSIDER PURSUANT TO SUBDIVI-
 SION SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW  AND
 ANY OTHER GOVERNING LAW.
   2.  THIS  SECTION  SHALL APPLY TO ALL PUBLIC AGENCIES THAT CONSIDER AN
 APPLICANT'S CRIMINAL HISTORY AS PART OF A LICENSE APPLICATION OR  CLEAR-
 ANCE  PROCESS.  NOTHING  IN  THIS SECTION SHALL EXPAND A PUBLIC AGENCY'S
 ABILITY TO COLLECT, EITHER FROM AN INDIVIDUAL OR THIRD PARTIES, INFORMA-
 TION ABOUT AN APPLICANT'S CRIMINAL HISTORY THAT THE  PUBLIC  AGENCY  WAS
 NOT  AUTHORIZED  TO  COLLECT  AS PART OF THE LICENSE APPLICATION PROCESS
 THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   3. A PUBLIC AGENCY  AUTHORIZED  TO  ISSUE  A  LICENSE  SHALL  CLEARLY,
 CONSPICUOUSLY,  AND  IN  PLAIN  TERMS  POST  ON  ITS WEBSITE INFORMATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06199-01-3

 S. 3250                             2
 
 DETAILING HOW THE PUBLIC AGENCY CONSIDERS AN APPLICANT'S CRIMINAL HISTO-
 RY WHEN AN APPLICANT SEEKS A LICENSE. SUCH INFORMATION SHALL INCLUDE:
   (A)  THE PUBLIC AGENCY'S PROCESS FOR CONSIDERING AN APPLICANT'S CRIMI-
 NAL HISTORY, INCLUDING A LIST AND A REVIEW OF THE GOVERNING STATUTES AND
 REGULATIONS AND ANY OTHER LAW, GUIDANCE, OR PRACTICE THAT IS PART OF THE
 PUBLIC AGENCY'S CRIMINAL HISTORY REVIEW;
   (B) A LIST OF CRIMINAL HISTORY THAT  WILL  NEVER  BE  CONSIDERED  WITH
 REGARD TO LICENSURE;
   (C) A LIST OF WHICH, IF ANY, CRIMINAL HISTORY WILL BE CONSIDERED IN AN
 INDIVIDUALIZED DETERMINATION ABOUT WHETHER THE PUBLIC AGENCY WILL CONFER
 THE LICENSE;
   (D)  THE  PROCESS  FOR MAKING A DETERMINATION AND THE INFORMATION THAT
 WILL BE CONSIDERED;
   (E) A LIST OF WHICH CRIMINAL HISTORY, IF ANY, WILL OPERATE AS A BAR TO
 LICENSURE;
   (F) A LIST OF THE TYPES OF INFORMATION ABOUT  AN  APPLICANT  THAT  THE
 PUBLIC  AGENCY IS PROHIBITED FROM CONSIDERING AND THAT THE PUBLIC AGENCY
 WILL NOT CONSIDER, INCLUDING  INFORMATION  THAT  THE  PUBLIC  AGENCY  IS
 PROHIBITED  FROM  CONSIDERING  IN ACCORDANCE WITH SUBDIVISION SIXTEEN OF
 SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW; AND
   (G) THE FACTORS THE PUBLIC AGENCY IS REQUIRED TO CONSIDER PURSUANT  TO
 THIS ARTICLE.
   4.  ANY INDIVIDUAL MAY SUBMIT TO THE RELEVANT PUBLIC AGENCY A PRELIMI-
 NARY LICENSE APPLICATION FOR A DETERMINATION AS TO WHETHER THE  INDIVID-
 UAL'S  CRIMINAL  HISTORY  RENDERS THE INDIVIDUAL INELIGIBLE TO RECEIVE A
 LICENSE OR LICENSES THAT THE INDIVIDUAL SPECIFIES.
   5. (A) A PRELIMINARY LICENSE APPLICATION MAY BE SUBMITTED AT ANY TIME,
 INCLUDING PRIOR TO OBTAINING OR PAYING FOR REQUIRED EDUCATION OR  PAYING
 ANY FEE FOR LICENSURE OR TRAINING.
   (B)  PUBLIC  AGENCIES  SHALL CREATE A FORM FOR THE PRELIMINARY LICENSE
 APPLICATION  AND  PROVIDE  CLEAR,  STEP-BY-STEP  INSTRUCTIONS  ON  THEIR
 WEBSITES  CONCERNING  THE PRELIMINARY LICENSE APPLICATION PROCESS BEGIN-
 NING FROM PREPARING THE PRELIMINARY LICENSE APPLICATION THROUGH DETERMI-
 NATION OF WHETHER AN INDIVIDUAL'S CRIMINAL HISTORY RENDERS THE  INDIVID-
 UAL  INELIGIBLE  TO  RECEIVE  A  LICENSE.  ALL FORMS PUBLISHED BY PUBLIC
 AGENCIES SHALL BE CONSISTENT WITH THE REQUIREMENTS SET FORTH  IN  EXECU-
 TIVE ORDER NUMBER TWENTY-SIX OF TWO THOUSAND ELEVEN.
   (C) PUBLIC AGENCIES MAY CHARGE A FEE NOT TO EXCEED TWENTY-FIVE DOLLARS
 FOR EACH PRELIMINARY LICENSE APPLICATION FILED PURSUANT TO THIS SECTION.
 PUBLIC  AGENCIES SHALL ALLOW APPLICANTS TO SUBMIT AN AFFIDAVIT OF FINAN-
 CIAL HARDSHIP TO ALLOW THE  APPLICANT  TO  FILE  A  PRELIMINARY  LICENSE
 APPLICATION  WITHOUT  PAYING  A  FEE  AND SHALL NOT REFUSE TO ACCEPT FOR
 FILING THE PRELIMINARY LICENSE APPLICATION  OF  ANY  APPLICANT  WHO  HAS
 SIGNED SUCH AN AFFIDAVIT.
   (D) A PRELIMINARY LICENSE APPLICATION SHALL CONSIST OF:
   (I)  THE  PRELIMINARY  LICENSE  APPLICATION FORM CREATED BY THE PUBLIC
 AGENCY;
   (II) ANY ADDITIONAL INFORMATION THE APPLICANT SUBMITS,  INCLUDING  BUT
 NOT LIMITED TO, INFORMATION ABOUT THE APPLICANT'S CURRENT CIRCUMSTANCES,
 THE  AMOUNT  OF  TIME THAT HAS PASSED SINCE THE INDIVIDUAL'S MOST RECENT
 OFFENSE OR ALLEGED OFFENSE; OTHER EVIDENCE OF REHABILITATION OR PROOF OF
 POSITIVE CHANGE; REFERENCE LETTERS, EMPLOYMENT HISTORY, EMPLOYMENT ASPI-
 RATIONS, AND ANY CONDITIONS FULFILLED  SINCE  ANY  PREVIOUS  PRELIMINARY
 LICENSE APPLICATION SUBMITTED BY THE APPLICANT; AND
   (III)  THE  APPLICATION  FEE OR COMPLETED AFFIDAVIT OF FINANCIAL HARD-
 SHIP.
 S. 3250                             3
 
   (E) AT ANY TIME FOLLOWING A FINAL DETERMINATION OF THE PUBLIC  AGENCY,
 AN  APPLICANT  MAY SUBMIT A NEW PRELIMINARY LICENSE APPLICATION BASED ON
 THE APPLICANT'S CHANGED CIRCUMSTANCES OR THE PASSAGE OF TIME.
   6. UPON RECEIPT OF A PRELIMINARY LICENSE APPLICATION UNDER SUBDIVISION
 FOUR  OF  THIS SECTION, THE APPLICABLE PUBLIC AGENCY SHALL UNDERTAKE THE
 PROCESS SET FORTH IN SUBDIVISION SEVEN  OF  THIS  SECTION  TO  DETERMINE
 WHETHER  THE APPLICANT'S CRIMINAL HISTORY RENDERS THE APPLICANT INELIGI-
 BLE TO RECEIVE THE APPLICABLE LICENSE FROM THAT PUBLIC AGENCY.
   7. (A) UPON RECEIPT OF A PRELIMINARY  LICENSE  APPLICATION,  A  PUBLIC
 AGENCY  SHALL  REVIEW  SUCH  APPLICATION FOR COMPLETENESS AND NOTIFY THE
 APPLICANT WITHIN FIVE BUSINESS DAYS IF THE APPLICATION  IS  COMPLETE  OR
 WHICH COMPONENTS OF THE APPLICATION ARE MISSING.
   (B)  WHERE  A  PUBLIC  AGENCY  CONSIDERS  PARTICULAR  CRIMINAL HISTORY
 REPORTS IN DETERMINING WHETHER TO GRANT AN APPLICATION  FOR  A  LICENSE,
 THE PUBLIC AGENCY SHALL REQUEST ALL SUCH CRIMINAL HISTORY REPORTS WITHIN
 FIVE  BUSINESS  DAYS FOLLOWING RECEIPT OF A PRELIMINARY LICENSE APPLICA-
 TION.
   (C) THE PUBLIC AGENCY SHALL NOTIFY THE APPLICANT BOTH WHEN THE  PUBLIC
 AGENCY  REQUESTS  ANY  THIRD PARTY CRIMINAL HISTORY REPORT AND WHEN SUCH
 REPORT IS RECEIVED BY THE PUBLIC AGENCY.
   (D) IN REVIEWING A PRELIMINARY LICENSE APPLICATION TO DETERMINE WHETH-
 ER AN APPLICANT'S CRIMINAL HISTORY RENDERS THEM  INELIGIBLE  FOR  LICEN-
 SURE,  THE  PUBLIC AGENCY SHALL BE BOUND BY THE SAME RULES, REGULATIONS,
 AND STATUTES, INCLUDING THIS ARTICLE,  THAT  BIND  THE  PUBLIC  AGENCY'S
 REVIEW OF A LICENSE APPLICATION.
   (E)  IF  A  PUBLIC  AGENCY  DETERMINES, IN RESPONSE TO THE PRELIMINARY
 LICENSE APPLICATION, THAT IT WILL DEEM AN APPLICANT TO BE INELIGIBLE FOR
 LICENSURE DUE SOLELY OR IN PART TO CRIMINAL HISTORY, THE  PUBLIC  AGENCY
 SHALL  NOTIFY THE APPLICANT OF ITS INTENT TO DEEM THE APPLICANT INELIGI-
 BLE IN WRITING, SPECIFY ANY ADDITIONAL  INFORMATION  THE  APPLICANT  MAY
 PROVIDE THAT COULD RESULT IN THE APPLICANT'S ELIGIBILITY, INCLUDE COPIES
 OF  ANY  CRIMINAL  HISTORY THE PUBLIC AGENCY OBTAINED OR REVIEWED DURING
 THE APPLICATION PROCESS, AND ALLOW THE APPLICANT FOURTEEN DAYS FROM  THE
 DATE  ON THE NOTICE TO PROVIDE ADDITIONAL INFORMATION THAT MAY RESULT IN
 A FINDING THAT THE APPLICANT  IS  ELIGIBLE  FOR  LICENSURE,  THOUGH  ANY
 EXTENSIONS  REQUESTED  BY  THE  APPLICANT SHALL BE GRANTED BY THE PUBLIC
 AGENCY.
   (F) THE PUBLIC AGENCY SHALL ISSUE ITS DETERMINATION IN WRITING  WITHIN
 TEN  BUSINESS DAYS AFTER RECEIVING A PRELIMINARY LICENSE APPLICATION AND
 ANY NECESSARY CRIMINAL HISTORY REPORT. ANY DAYS GIVEN TO  THE  APPLICANT
 TO PROVIDE ADDITIONAL INFORMATION RESPONSIVE TO A NOTICE OF INTENT SHALL
 BE EXCLUDED FROM THE TEN BUSINESS DAYS.
   (G)  THE  DETERMINATION BY THE PUBLIC AGENCY SHALL INCLUDE FINDINGS OF
 FACT AND CONCLUSIONS OF LAW.
   (H) THE DETERMINATION BY THE PUBLIC AGENCY SHALL  BE  IN  WRITING  AND
 SHALL INCLUDE AN ANALYSIS OF THE APPLICANT'S CRIMINAL HISTORY, CONSIDER-
 ING THE FACTORS UNDER SECTIONS SEVEN HUNDRED FIFTY-TWO AND SEVEN HUNDRED
 FIFTY-THREE  OF  THIS  ARTICLE  AND  ANY OTHER FACTORS THE PUBLIC AGENCY
 CONSIDERS WHEN DECIDING WHETHER TO GRANT OR DENY A LICENSE.
   (I) IF THE PUBLIC AGENCY DETERMINES THAT THE APPLICANT  IS  INELIGIBLE
 FOR  LICENSURE  DUE  SOLELY  OR  IN PART TO CRIMINAL HISTORY, THE PUBLIC
 AGENCY SHALL ADVISE THE APPLICANT IN ITS  DETERMINATION  OF  ANY  RECOM-
 MENDED  ACTIONS  THE  APPLICANT  MAY  TAKE TO REMEDY INELIGIBILITY FOR A
 LICENSE BASED ON CRIMINAL HISTORY. SUCH ACTIONS SHALL BE  DEEMED  RECOM-
 MENDED ACTIONS AND SHALL NOT BE DEEMED TO BE ADDITIONAL REQUIREMENTS FOR
 ISSUANCE OF A LICENSE. ANY DETERMINATION THAT AN APPLICANT IS INELIGIBLE
 S. 3250                             4
 
 FOR  LICENSURE  DUE  SOLELY OR IN PART TO CRIMINAL HISTORY SHALL BE NON-
 BINDING.
   (J)  THE  PUBLIC  AGENCY'S  DETERMINATION  SHALL INCLUDE COPIES OF ANY
 CRIMINAL HISTORY THE PUBLIC  AGENCY  OBTAINED  OR  REVIEWED  DURING  THE
 APPLICATION PROCESS.
   (K)  A  PUBLIC  AGENCY'S  DETERMINATION  THAT THE APPLICANT'S CRIMINAL
 HISTORY DOES NOT RENDER THE APPLICANT INELIGIBLE TO  RECEIVE  A  LICENSE
 SHALL BE BINDING IF THE APPLICANT APPLIES FOR LICENSURE AND FULFILLS ALL
 OTHER  REQUIREMENTS  FOR THE LICENSE AND THE APPLICANT HAS NO ADDITIONAL
 CRIMINAL HISTORY BETWEEN THE PRELIMINARY  LICENSE  APPLICATION  DETERMI-
 NATION AND THE LICENSE APPLICATION DETERMINATION.
   (L)  WHERE A HEARING PROCESS EXISTS FOR DENIAL OF AN APPLICATION FOR A
 LICENSE, ANY APPLICANT WHOSE PRELIMINARY LICENSE APPLICATION  IS  DENIED
 MAY  REQUEST  A HEARING WITHIN SIXTY DAYS OF SUCH DENIAL. HEARINGS SHALL
 PROCEED UNDER THE SAME STATUTES, RULES, AND  REGULATIONS  APPLICABLE  TO
 HEARINGS A PUBLIC AGENCY OFFERS FOLLOWING DENIAL OF AN APPLICATION FOR A
 LICENSE,  PROVIDED,  HOWEVER,  THAT  THE ADMINISTRATIVE JUDGE SHALL ALSO
 CONSIDER WHETHER THE PUBLIC AGENCY ABIDED BY SUBDIVISIONS SIX AND  SEVEN
 OF THIS SECTION AND WHETHER CONSISTENT WITH THOSE SUBDIVISIONS AN APPLI-
 CANT'S PRELIMINARY LICENSE APPLICATION MAY BE GRANTED.
   8. THE DETERMINATION OF A PUBLIC AGENCY FOLLOWING A HEARING, IF AVAIL-
 ABLE,  IS  A  FINAL AGENCY DETERMINATION. AN APPLICANT MAY SEEK JUDICIAL
 APPEAL OF THE DETERMINATION IN ACCORDANCE WITH ARTICLE SEVENTY-EIGHT  OF
 THE CIVIL PRACTICE LAW AND RULES.
   9.  NO  PERSON,  ENTITY,  OR PUBLIC AGENCY SHALL REQUIRE ANY PERSON TO
 SUBMIT A PRELIMINARY LICENSE APPLICATION OR GRANT OR DENY ANY PERSON ANY
 OPPORTUNITY, GOOD, SERVICE, OR COMPENSATION BASED ON A PERSON'S DECISION
 TO SUBMIT OR DECLINE TO SUBMIT A PRELIMINARY LICENSE APPLICATION.
   10. PUBLIC AGENCIES SHALL KEEP ALL INFORMATION  SUBMITTED,  COLLECTED,
 OR  CREATED IN THE COURSE OF A PRELIMINARY LICENSE APPLICATION CONFIDEN-
 TIAL BETWEEN THE PUBLIC AGENCY AND THE APPLICANT OR ANY AUTHORIZED AGENT
 OR REPRESENTATIVE OF THE APPLICANT,  BUT  MAY  FULFILL  REPORTING  OBLI-
 GATIONS  UNDER  THIS  SECTION AND, PURSUANT TO ARTICLE SIX OF THE PUBLIC
 OFFICERS LAW, RELEASE ANONYMIZED OR REDACTED INFORMATION TO  THE  PUBLIC
 OR  THE APPLICANT'S UNREDACTED FILE IN RESPONSE TO A REQUEST MADE BY THE
 APPLICANT OR ANY AUTHORIZED AGENT OR REPRESENTATIVE  OF  THE  APPLICANT.
 UPON  THE  APPLICANT'S  REQUEST  AT  ANY  TIME,  THE PUBLIC AGENCY SHALL
 PROVIDE THE APPLICANT A COPY OF THEIR PRELIMINARY APPLICATION FILE WITH-
 OUT CHARGE TO THE APPLICANT. THE FILE SHALL INCLUDE  ANY  DOCUMENTS  THE
 APPLICANT  SUBMITTED  AS  PART OF THE PRELIMINARY APPLICATION, ANY DOCU-
 MENTS OR INFORMATION THE PUBLIC AGENCY USED IN CONSIDERING THE  PRELIMI-
 NARY  APPLICATION,  ANY  DECISIONS  THE PUBLIC AGENCY MADE REGARDING THE
 PRELIMINARY APPLICATION, AND ANY CORRESPONDENCE  BETWEEN  THE  APPLICANT
 AND  THE PUBLIC AGENCY AND THE PUBLIC AGENCY AND ANY THIRD PARTY REGARD-
 ING THE PRELIMINARY APPLICATION. UPON THE APPLICANT'S REQUEST VIA PHONE,
 MAIL, EMAIL OR FACSIMILE, THE PUBLIC AGENCY SHALL DESTROY  THE  PRELIMI-
 NARY  APPLICATION  MATERIALS  SUBMITTED BY THE APPLICANT OR COLLECTED OR
 RECEIVED BY THE PUBLIC AGENCY EXCEPT FOR THE PUBLIC AGENCY'S  RECORD  OF
 DETERMINATION.
   11.  PUBLIC  AGENCIES  MAY  PROMULGATE RULES AND REGULATIONS AND OTHER
 GUIDANCE REGARDING THEIR PRACTICES FOR PRELIMINARY LICENSE APPLICATIONS.
   12. EACH PUBLIC AGENCY SHALL COMPILE AND PUBLISH ANNUALLY A REPORT  ON
 A  SEARCHABLE  PUBLIC  WEBSITE  WHICH INCLUDES THE FOLLOWING INFORMATION
 REGARDING PRELIMINARY LICENSE APPLICATIONS:
   (A) THE NUMBER OF APPLICATIONS FILED EACH MONTH DURING  THE  REPORTING
 YEAR;
 S. 3250                             5
 
   (B)  THE  NUMBER  OF  APPLICATIONS THAT RECEIVED A NOTICE OF INTENT TO
 DENY BY THE PUBLIC AGENCY DURING THE REPORTING YEAR;
   (C) THE NUMBER OF DETERMINATIONS CONFIRMING ELIGIBILITY FOR LICENSURE;
   (D)  THE  NUMBER OF DETERMINATIONS CONFIRMING INELIGIBILITY FOR LICEN-
 SURE;
   (E) THE NUMBER OF PRELIMINARY LICENSE APPLICATION  HEARINGS  REQUESTED
 AND THE OUTCOME OF THOSE HEARINGS;
   (F)  THE NUMBER OF REQUESTS FOR JUDICIAL REVIEW OF PRELIMINARY LICENSE
 APPLICATION DETERMINATIONS FILED AND THE OUTCOME OF THOSE APPEALS;
   (G) ANONYMOUS DESCRIPTIONS OF EACH CRIMINAL HISTORY, THAT INCLUDES THE
 STATUTORY SECTION OR SECTIONS OF THE PENAL LAW OR OTHER  LAW,  THAT  HAS
 RESULTED IN DENIAL OF LICENSURE DURING THE REPORTING YEAR;
   (H) ANONYMOUS DESCRIPTIONS OF EACH CRIMINAL HISTORY, THAT INCLUDES THE
 STATUTORY  SECTION  OR  SECTIONS OF THE PENAL LAW OR OTHER LAW, THAT HAS
 RESULTED IN DENIAL OF  A  PRELIMINARY  LICENSE  APPLICATION  DURING  THE
 REPORTING YEAR; AND
   (I) ANY OTHER INFORMATION DEEMED RELEVANT BY THE PUBLIC AGENCY.
   §  3.  Subdivision 2 of section 755 of the correction law, as added by
 chapter 931 of the laws of 1976, is amended to read as follows:
   2. In relation to actions by private employers,  PRIVATE  ENTITIES  OR
 PRIVATE  PERSONS, the provisions of this article shall be enforceable by
 the division of human rights pursuant to the powers and  procedures  set
 forth in article fifteen of the executive law, and, concurrently, by the
 New York city commission on human rights.
   § 4. This act shall take effect immediately.

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