§ 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\ninfor
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