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A04490 Summary:

BILL NOA04490
 
SAME ASNo Same As
 
SPONSORRamos
 
COSPNSRSimone
 
MLTSPNSR
 
Amd §390-e, Soc Serv L; amd §837, Exec L
 
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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A04490 Actions:

BILL NOA04490
 
02/16/2023referred to children and families
01/03/2024referred to children and families
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A04490 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4490
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2023
                                       ___________
 
        Introduced  by M. of A. RAMOS -- 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  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:
 
     1    Section 1. Subdivision 4 of section 390-e of the social services  law,
     2  as  added  by  chapter  459  of  the laws of 2006, is amended to read as
     3  follows:
     4    4. Every mentoring program that chooses to apply for a criminal histo-
     5  ry background check with the division of criminal justice services shall
     6  obtain a set of fingerprints from each individual for  whom  a  criminal
     7  background  check  is  to  be completed and such other information as is
     8  required by the office and the division of  criminal  justice  services.
     9  For  each  prospective employee or mentor for whom the mentoring program
    10  completes a criminal  background  check,  the  mentoring  program  shall
    11  provide  the applicant with blank fingerprint cards and a description of
    12  how the completed fingerprint card will be used upon submission  to  the
    13  mentoring  program.  The  mentoring program shall promptly transmit such
    14  fingerprint card and the processing fee to the office; provided,  howev-
    15  er, there shall be no processing fee for a criminal background check for
    16  mentoring programs described in subparagraphs (i) and (iii) of paragraph
    17  (c)  of  subdivision  one  of  this section.   The office shall promptly
    18  submit the fingerprint card and the processing fee, if imposed  pursuant
    19  to  subdivision  eight-a  of  section  eight hundred thirty-seven of the
    20  executive law, to the division of criminal justice services for its full
    21  search and retain processing.
    22    § 2. Subdivision 8-a of section 837 of the executive law,  as  amended
    23  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.
                                                                   LBD04792-02-3

        A. 4490                             2
 
     1    8-a.  Charge a fee when, pursuant to statute or the regulations of the
     2  division, it conducts a search  of  its  criminal  history  records  and
     3  returns  a  report thereon in connection with an application for employ-
     4  ment or for a license or permit. The division shall adopt and may,  from
     5  time  to  time,  amend a schedule of such fees which shall be in amounts
     6  determined by the division to be  reasonably  related  to  the  cost  of
     7  conducting such searches and returning reports thereon but, in no event,
     8  shall  any  such  fee  exceed  twenty-five  dollars  and  an  additional
     9  surcharge of fifty dollars. The  comptroller  is  hereby  authorized  to
    10  deposit  such  fees  into  the general fund, provided, however, that the
    11  monies received by the division of criminal justice services for payment
    12  of the additional surcharge shall be deposited in equal amounts  to  the
    13  general  fund  and  to  the  fingerprint  identification  and technology
    14  account. Notwithstanding the foregoing, the division shall  not  request
    15  or  accept  any  fee  for searching its records and supplying a criminal
    16  history report pursuant to section two hundred fifty-one-b of the gener-
    17  al business law relating to participating in flight instruction  at  any
    18  aeronautical  facility, flight school or institution of higher learning,
    19  or when the division is supplying a criminal history report to a mentor-
    20  ing program described in subparagraphs (i) and (iii) of paragraph (c) of
    21  subdivision one of section three hundred ninety-e of the social services
    22  law.
    23    § 3. Paragraph (c) of subdivision 1 of section  390-e  of  the  social
    24  services law, as added by chapter 459 of the laws of 2006, is amended to
    25  read as follows:
    26    (c) "Mentoring program" shall mean a formalized program, operated:
    27    (i)  by a corporation which has been incorporated pursuant to subpara-
    28  graph five of paragraph (a) of section one hundred two of  the  not-for-
    29  profit corporation law [or];
    30    (ii)  pursuant  to  subparagraph  four of paragraph (a) of section one
    31  hundred two of the business corporation law[, or operated by]; or
    32    (iii) by an educational institution or school district, [that matches]
    33  for the purpose of  matching  youth  with  adult  volunteers  [with  the
    34  purpose of providing] to provide such youth with positive role models to
    35  enhance their development.
    36    §  4.  This  act  shall take effect on the sixtieth day after it shall
    37  have become a law.
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