§ 251-B — Flight school background checks

§ 251-b. Flight school background checks. 1. For the purposes of this\nsection:\n "Criminal history information" shall mean a record of all convictions\nof crimes maintained on an individual by the division of criminal\njustice services pursuant to paragraph (c) of subdivision four of\nsection eight hundred thirty-seven of the executive law.\n 2. (a) Any aeronautical facility, flight school or institution of\nhigher learning offering air or flight instruction shall require an\napplicant for such instruction to provide criminal history information,\nas required in this section, to the division of criminal justice\nservices.\n (b) An aeronautical facility, flight school or institution of higher\nlearning shall request and is authorized to receive from the division of\ncriminal justice services criminal history information concerning each\nnew and prospective applicant for flight instruction, and to consider\nsuch information in accordance with article twenty-three-A of the\ncorrection law, subject to the following restrictions:\n (i) an aeronautical facility, flight school or institution of higher\nlearning shall designate one person in its employ who shall be\nauthorized to request, receive and review criminal history information,\nand only such person and the new or prospective applicant to which the\ncriminal history information relates shall have access to such\ninformation; provided, however, that criminal history information may be\ndisclosed to other personnel authorized by the aeronautical facility,\nflight school or institution of higher learning who are empowered by\nsuch aeronautical facility, flight school or institution of higher\nlearning to make decisions concerning new or prospective applicants and\nprovided further that such other personnel shall also be subject to the\nconfidentiality requirements and all other provisions of this section.\nAn aeronautical facility, flight school or institution of higher\nlearning shall notify the division of criminal justice services of each\nperson authorized to have access to criminal history information\npursuant to this section. The division of criminal justice services is\nauthorized to exchange fingerprint data and criminal background\ninformation with and receive criminal history record background\ninformation from the federal bureau of investigation for use in\nperforming background checks;\n (ii) an aeronautical facility, flight school or institution of higher\nlearning requesting criminal history information pursuant to this\nsection shall do so by completing a form developed for such purpose by\nthe division of criminal justice services. Such form shall include a\nsworn statement of the person designated by the aeronautical facility,\nflight school or institution of higher learning to request, receive and\nreview criminal history information pursuant to subparagraph (i) of this\nparagraph certifying that (1) the person whose criminal history\ninformation is requested is not presently enrolled but has applied to be\na flight student; (2) such criminal history information will be used by\nthe aeronautical facility, flight school or institution of higher\nlearning solely for purposes authorized by this section; and (3) the\naeronautical facility, flight school or institution of higher learning\nand its staff are aware of and will abide by the confidentiality\nrequirements and all other provisions of this section; and\n (iii) the person designated by an aeronautical facility, flight school\nor institution of higher learning for receipt of criminal history\ninformation pursuant to subparagraph (i) of this paragraph shall upon\nreceipt immediately mark such criminal history information\n"confidential", and shall at all times maintain such criminal history\ninformation in a secure place. Any person who willfully permits the\nrelease of any confidential criminal history information contained in\nthe report to persons not permitted by this section to receive such\ninformation shall be guilty of a misdemeanor. Any unauthorized\ndisclosure of fingerprints or criminal history information obtained by\nan aeronautical facility, flight school or institution of higher\nlearning pursuant to this section shall also entitle the subject of such\nfingerprints or criminal history information to recover from the\naeronautical facility, flight school or institution of higher learning a\ncivil award of damages resulting from such unauthorized disclosure,\ntogether with costs and reasonable attorney's fees.\n 3. To the extent permitted by law, an aeronautical facility, flight\nschool or institution of higher learning may request from a new or\nprospective flight student a statement of his or her prior criminal\nconvictions in this state or any other jurisdiction. Prior to requesting\ncriminal history information concerning any new or prospective flight\nstudent, each aeronautical facility, flight school or institution of\nhigher learning shall:\n (a) inform the new or prospective flight student in writing that the\naeronautical facility, flight school or institution of higher learning\nis required to request his or her criminal history information from the\ndivision of criminal justice services and review such information\npursuant to this section;\n (b) inform the new or prospective flight student that before the\naeronautical facility, flight school or institution of higher learning\nrequests such criminal history information, the new or prospective\nflight student has the right to obtain, review and seek correction of\nhis or her criminal history information pursuant to regulations and\nprocedures established by the division of criminal justice services;\n (c) obtain the signed informed consent of the new or prospective\nflight student on a form supplied by the division of criminal justice\nservices which indicates that such person has:\n (i) been informed of the right and procedures necessary to obtain,\nreview and seek correction of his or her criminal history information;\n (ii) been informed of the reason for the request for his or her\ncriminal history information;\n (iii) consented to such request; and\n (d) upon receiving such written consent, obtain the fingerprints of\nsuch new or prospective flight student pursuant to regulations\nestablished by the division of criminal justice services.\n 4. A new or prospective flight student may withdraw from the\napplication process, without prejudice, at any time regardless of\nwhether or not he or she has reviewed his or her criminal history\ninformation or the aeronautical facility, flight school or institution\nof higher learning has received criminal history information. Where a\nnew or prospective flight student withdraws from the application\nprocess, any fingerprints and criminal history information concerning\nsuch new or prospective flight student received by the aeronautical\nfacility, flight school or institution of higher learning shall, within\nninety days, be returned to such new or prospective flight student by\nthe person designated for receipt of criminal history information\npursuant to paragraph (b) of subdivision two of this section.\n 5. In all cases the fingerprints and criminal history information\nconcerning a new or prospective flight student shall be returned after\nninety days to such person by the person designated for receipt of\ncriminal history information upon the denial of an application for\nenrollment or instruction at such aeronautical facility, flight school\nor institution of higher learning.\n 6. Within fifteen business days after receiving a request for criminal\nhistory information pursuant to this section, the commissioner of the\ndivision of criminal justice services shall review such criminal history\ninformation and, in accordance with article twenty-three-A of the\ncorrection law, determine whether clearance for such instruction shall\nbe granted or denied. Such commissioner shall promptly notify the new or\nprospective student and the aeronautical facility, flight school or\ninstitution of higher education of his or her determination in this\nregard.\n 7. If such clearance is granted, the division of criminal justice\nservices shall promptly provide requested criminal history information\nand return fingerprints to the aeronautical facility, flight school or\ninstitution of higher learning.\n 8. No applicant shall be permitted to receive air or flight\ninstruction from an aeronautical facility, flight school or institution\nof higher learning unless the division of criminal justice services\nprovides written notification to the chief administrative officer of the\naeronautical facility, flight school or institution of higher learning\nof the commissioner of the division of criminal justice services'\ndetermination that the applicant may receive such instruction.\n 9. The commissioner of the division of criminal justice services shall\npromulgate all rules and regulations necessary to implement the\nprovisions of this section, which shall include convenient procedures\nfor new and prospective flight students to promptly verify the accuracy\nof their criminal history information and, to the extent authorized by\nlaw, to have access to relevant documents related thereto.\n 10. No cause of action for damages against an aeronautical facility,\nflight school or institution of higher learning shall exist when an\naeronautical facility, flight school or institution of higher learning\nhas reasonably and in good faith relied upon the accuracy and\ncompleteness of a criminal history report furnished pursuant to this\nsection.\n