NY Gen Bus L § 251-B (2021)
2021 New York Laws GBS - General Business Article 14 - Aircraft 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.