N.Y. General Business Law § 251-b: Flight school background checks

§ 251-b. Flight school background checks. 1. For the purposes of this

section:

"Criminal history information" shall mean a record of all convictions

of crimes maintained on an individual by the division of criminal

justice services pursuant to paragraph (c) of subdivision four of

section eight hundred thirty-seven of the executive law.

2. (a) Any aeronautical facility, flight school or institution of

higher learning offering air or flight instruction shall require an

applicant for such instruction to provide criminal history information,

as required in this section, to the division of criminal justice

services.

(b) An aeronautical facility, flight school or institution of higher

learning shall request and is authorized to receive from the division of

criminal justice services criminal history information concerning each

new and prospective applicant for flight instruction, and to consider

such information in accordance with article twenty-three-A of the

correction law, subject to the following restrictions:

(i) an aeronautical facility, flight school or institution of higher

learning shall designate one person in its employ who shall be

authorized to request, receive and review criminal history information,

and only such person and the new or prospective applicant to which the

criminal history information relates shall have access to such

information; provided, however, that criminal history information may be

disclosed to other personnel authorized by the aeronautical facility,

flight school or institution of higher learning who are empowered by

such aeronautical facility, flight school or institution of higher

learning to make decisions concerning new or prospective applicants and

provided further that such other personnel shall also be subject to the

confidentiality requirements and all other provisions of this section.

An aeronautical facility, flight school or institution of higher

learning shall notify the division of criminal justice services of each

person authorized to have access to criminal history information

pursuant to this section. The division of criminal justice services is

authorized to exchange fingerprint data and criminal background

information with and receive criminal history record background

information from the federal bureau of investigation for use in

performing background checks;

(ii) an aeronautical facility, flight school or institution of higher

learning requesting criminal history information pursuant to this

section shall do so by completing a form developed for such purpose by

the division of criminal justice services. Such form shall include a

sworn statement of the person designated by the aeronautical facility,

flight school or institution of higher learning to request, receive and

review criminal history information pursuant to subparagraph (i) of this

paragraph certifying that (1) the person whose criminal history

information is requested is not presently enrolled but has applied to be

a flight student; (2) such criminal history information will be used by

the aeronautical facility, flight school or institution of higher

learning solely for purposes authorized by this section; and (3) the

aeronautical facility, flight school or institution of higher learning

and its staff are aware of and will abide by the confidentiality

requirements and all other provisions of this section; and

(iii) the person designated by an aeronautical facility, flight school

or institution of higher learning for receipt of criminal history

information pursuant to subparagraph (i) of this paragraph shall upon

receipt immediately mark such criminal history information

"confidential", and shall at all times maintain such criminal history

information in a secure place. Any person who willfully permits the

release of any confidential criminal history information contained in

the report to persons not permitted by this section to receive such

information shall be guilty of a misdemeanor. Any unauthorized

disclosure of fingerprints or criminal history information obtained by

an aeronautical facility, flight school or institution of higher

learning pursuant to this section shall also entitle the subject of such

fingerprints or criminal history information to recover from the

aeronautical facility, flight school or institution of higher learning a

civil award of damages resulting from such unauthorized disclosure,

together with costs and reasonable attorney's fees.

3. To the extent permitted by law, an aeronautical facility, flight

school or institution of higher learning may request from a new or

prospective flight student a statement of his or her prior criminal

convictions in this state or any other jurisdiction. Prior to requesting

criminal history information concerning any new or prospective flight

student, each aeronautical facility, flight school or institution of

higher learning shall:

(a) inform the new or prospective flight student in writing that the

aeronautical facility, flight school or institution of higher learning

is required to request his or her criminal history information from the

division of criminal justice services and review such information

pursuant to this section;

(b) inform the new or prospective flight student that before the

aeronautical facility, flight school or institution of higher learning

requests such criminal history information, the new or prospective

flight student has the right to obtain, review and seek correction of

his or her criminal history information pursuant to regulations and

procedures established by the division of criminal justice services;

(c) obtain the signed informed consent of the new or prospective

flight student on a form supplied by the division of criminal justice

services which indicates that such person has:

(i) been informed of the right and procedures necessary to obtain,

review and seek correction of his or her criminal history information;

(ii) been informed of the reason for the request for his or her

criminal history information;

(iii) consented to such request; and

(d) upon receiving such written consent, obtain the fingerprints of

such new or prospective flight student pursuant to regulations

established by the division of criminal justice services.

4. A new or prospective flight student may withdraw from the

application process, without prejudice, at any time regardless of

whether or not he or she has reviewed his or her criminal history

information or the aeronautical facility, flight school or institution

of higher learning has received criminal history information. Where a

new or prospective flight student withdraws from the application

process, any fingerprints and criminal history information concerning

such new or prospective flight student received by the aeronautical

facility, flight school or institution of higher learning shall, within

ninety days, be returned to such new or prospective flight student by

the person designated for receipt of criminal history information

pursuant to paragraph (b) of subdivision two of this section.

5. In all cases the fingerprints and criminal history information

concerning a new or prospective flight student shall be returned after

ninety days to such person by the person designated for receipt of

criminal history information upon the denial of an application for

enrollment or instruction at such aeronautical facility, flight school

or institution of higher learning.

6. Within fifteen business days after receiving a request for criminal

history information pursuant to this section, the commissioner of the

division of criminal justice services shall review such criminal history

information and, in accordance with article twenty-three-A of the

correction law, determine whether clearance for such instruction shall

be granted or denied. Such commissioner shall promptly notify the new or

prospective student and the aeronautical facility, flight school or

institution of higher education of his or her determination in this

regard.

7. If such clearance is granted, the division of criminal justice

services shall promptly provide requested criminal history information

and return fingerprints to the aeronautical facility, flight school or

institution of higher learning.

8. No applicant shall be permitted to receive air or flight

instruction from an aeronautical facility, flight school or institution

of higher learning unless the division of criminal justice services

provides written notification to the chief administrative officer of the

aeronautical facility, flight school or institution of higher learning

of the commissioner of the division of criminal justice services'

determination that the applicant may receive such instruction.

9. The commissioner of the division of criminal justice services shall

promulgate all rules and regulations necessary to implement the

provisions of this section, which shall include convenient procedures

for new and prospective flight students to promptly verify the accuracy

of their criminal history information and, to the extent authorized by

law, to have access to relevant documents related thereto.

10. No cause of action for damages against an aeronautical facility,

flight school or institution of higher learning shall exist when an

aeronautical facility, flight school or institution of higher learning

has reasonably and in good faith relied upon the accuracy and

completeness of a criminal history report furnished pursuant to this

section.