S 10320 NY
Establishes a portable clearance passport program to satisfy certain background checks
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Summary
This bill establishes a portable clearance passport program administered by the Commissioner of the Office of Children and Family Services to streamline background checks for employees of participating agencies including OCFS, Department of Health, Office of Mental Health, Office for People with Developmental Disabilities, and State Education Department. The portable clearance passport is a credential verifying that an individual has satisfied applicable background check requirements and can be used across covered providers regulated by participating agencies in lieu of duplicative background checks. Participating agencies and covered providers must accept a valid portable clearance passport as satisfying background check requirements, except where additional screening is required by federal law or necessary to protect the health or safety of individuals receiving services. The Commissioner shall establish a secure electronic system to maintain and verify passports, provide individuals access to their background records, and ensure confidentiality. Passports shall be valid for a period not to exceed five years, with procedures for renewal, suspension, and revocation established by the Commissioner.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Directs the commissioner of the office of children and family services to develop a portable clearance passport program to provide a uniform process for conducting background checks for employment at certain participating agencies.
Sponsor (1)
- Patricia Fahy Democratic · primary
Action history (1)
- May 13, 2026 REFERRED TO SOCIAL SERVICES · upper
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S10320 Summary: BILL NO S10320   SAME AS SAME AS A11424
  SPONSOR FAHY   COSPNSR   MLTSPNSR   Add Art 11-A §§500 - 505, Soc Serv L; amd §553, Exec L; add §2899-b, Pub Health L   Directs the commissioner of the office of children and family services to develop a portable clearance passport program to provide a uniform process for conducting background checks for employment at certain participating agencies.
Go to top S10320 Text:
STATE OF NEW YORK ________________________________________________________________________
10320
IN SENATE
May 13, 2026 ___________
Introduced by Sen. FAHY -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, the executive law and the public health law, in relation to establishing a portable clearance passport program to satisfy certain background checks
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. The social services law is amended by adding a new article 2 11-A to read as follows: 3 ARTICLE 11-A 4 PORTABLE CLEARANCE PASSPORT 5 Section 500. Definitions. 6 501. Portable clearance passport program. 7 502. Acceptance of portable clearance passport. 8 503. Information systems; confidentiality. 9 504. Duration; renewal; revocation. 10 505. Rules and regulations. 11 § 500. Definitions. As used in this article, the following terms shall 12 have the following meanings: 13 1. "Portable clearance passport" or "passport" shall mean a credential 14 issued by the commissioner verifying that an individual has satisfied 15 applicable background check requirements for employment by covered 16 providers. 17 2. "Participating agency" shall mean the justice center for the 18 protection of people with special needs, the office of children and 19 family services, the department of health, the office of mental health, 20 the office for people with developmental disabilities, the state educa- 21 tion department, or any other agency designated by the commissioner. 22 3. "Covered provider" shall mean any provider licensed, certified, 23 operated, or otherwise regulated by a participating agency that requires 24 background checks for employees or prospective employees. 25 4. "Commissioner" shall mean the commissioner of the office of chil- 26 dren and family services, in consultation with participating agencies.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15851-01-6
S. 10320 2
1 § 501. Portable clearance passport program. 1. The commissioner shall 2 establish a portable clearance passport program. 3 2. The program established under subdivision one of this section 4 shall: 5 (a) provide for a uniform process for conducting background checks 6 applicable to participating agencies; 7 (b) provide for the issuance of a portable clearance passport to any 8 individual who has satisfied the requirements of background checks 9 conducted in accordance with paragraph (a) of this subdivision; and 10 (c) ensure that passports are able to be used by covered providers to 11 verify eligibility for employment. 12 § 502. Acceptance of portable clearance passport. 1. Notwithstanding 13 any other provision of law, a participating agency and any covered 14 provider shall accept a valid portable clearance passport in lieu of 15 duplicative background check requirements. 16 2. Nothing in this article shall be construed to prohibit a partic- 17 ipating agency from requiring additional screening where: 18 (a) required by federal law; or 19 (b) a participating agency determines that additional information is 20 necessary to protect the health or safety of individuals receiving 21 services under this chapter. 22 § 503. Information systems; confidentiality. 1. The commissioner shall 23 establish or designate a secure electronic system for the purpose of 24 maintaining and verifying portable clearance passports. 25 2. The system established under subdivision one of this section shall: 26 (a) permit authorized covered providers to verify the status of a 27 passport; 28 (b) provide individuals access to their own background records; and 29 (c) ensure the confidentiality and security of all information in 30 accordance with applicable law. 31 § 504. Duration; renewal; revocation. 1. A portable clearance passport 32 shall be valid for a period to be determined by the commissioner, not to 33 exceed five years. 34 2. The commissioner shall promulgate regulations establishing proce- 35 dures for renewal, suspension and revocation of passports. 36 § 505. Rules and regulations. The commissioner, in consultation with 37 participating agencies, shall promulgate any rules and regulations 38 necessary to implement the provisions of this article. 39 § 2. Subdivision 5 of section 553 of the executive law, as added by 40 section 3 of part A of chapter 501 of the laws of 2012, is amended to 41 read as follows: 42 5. To review and evaluate the criminal history information for any 43 person applying to be an employee, volunteer or consultant for whom a 44 criminal background check is required by law as a condition of employ- 45 ment at any facilities or provider agencies as defined in subdivision 46 four of section four hundred eighty-eight of the social services law 47 that are operated, licensed or certified by the office of mental health, 48 the office for people with developmental disabilities and the office of 49 children and family services[ . Such ] ; provided that such review and 50 evaluation shall include but not be limited to a requirement that the 51 applicant sign a sworn statement whether, to the best of [ his or her ] 52 such applicant's knowledge, [ he or she ] such applicant has ever been 53 convicted of a crime in this state or any other jurisdiction ; and 54 provided, further, that the justice center shall accept a valid portable 55 clearance passport issued pursuant to article eleven-A of the social 56 services law as satisfying any background check requirements under this
S. 10320 3
1 subdivision, subject to section five hundred two of the social services 2 law ; 3 § 3. The public health law is amended by adding a new section 2899-b 4 to read as follows: 5 § 2899-b. Portable clearance passport. The department shall accept a 6 valid portable clearance passport issued pursuant to article eleven-A of 7 the social services law as satisfying background check requirements for 8 prospective employees, except where additional screening is required by 9 federal law. 10 § 4. This act shall take effect immediately.
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