Assembly Bill A8667

2011-2012 Legislative Session

Requires a criminal history report for certain employment or volunteer applicants to the office for people with developmental disabilities

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Archive: Last 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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2011-A8667 (ACTIVE) - Details

See Senate Version of this Bill:
S6326
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.19, Ment Hyg L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A865, S2301
2015-2016: A3367, S3847
2017-2018: S6289
2019-2020: S2632
2021-2022: S4923
2023-2024: S4208

2011-A8667 (ACTIVE) - Summary

Directs the commissioner of the office for people with developmental disabilities to deny employment or volunteer applications based on a criminal history report for such applicant.

2011-A8667 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8667

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            October 14, 2011
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Mental Health

AN  ACT  to  amend  the  mental  hygiene  law  and the executive law, in
  relation to directing the commissioner of the office for  people  with
  developmental  disabilities  to promulgate regulations authorizing the
  denial or disapproval of certain employment or volunteer  applications
  following a criminal history report for such applicant

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 13.19 of the mental  hygiene  law  is  amended  by
adding a new subdivision (f) to read as follows:
  (F)  THE  COMMISSIONER  SHALL  PROMULGATE  REGULATIONS (I) REQUIRING A
CRIMINAL HISTORY REPORT FOR ANY PROSPECTIVE EMPLOYEE OR VOLUNTEER IN THE
OFFICE WHO WILL HAVE REGULAR DIRECT PATIENT CONTACT; AND (II)  AUTHORIZ-
ING  THE  DENIAL  OR  DISAPPROVAL  OF  ANY APPLICATION FOR EMPLOYMENT OR
VOLUNTEER SERVICE IN THE OFFICE FOR A POSITION THAT  WILL  HAVE  REGULAR
DIRECT  PATIENT  CONTACT WHERE A CRIMINAL HISTORY REPORT CONCERNING SUCH
PROSPECTIVE EMPLOYEE OR VOLUNTEER REVEALS A CONVICTION FOR  ANY  OFFENSE
THE  COMMISSIONER  DETERMINES  WOULD  MAKE  SUCH PROSPECTIVE EMPLOYEE OR
VOLUNTEER UNFIT FOR EMPLOYMENT BY THE OFFICE.
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13509-01-1
              

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