Bill Text: NY A03483 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires fingerprints (two sets, to be annexed to the certificate of incorporation) and criminal history checks (state and nationwide) of the directors of certain corporations subject to the not-for-profit corporation law that are formed for working with or for benefit of youths.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to corporations, authorities and commissions [A03483 Detail]
Download: New_York-2013-A03483-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3483
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the not-for-profit corporation law, in relation to fing-
erprints and criminal history background checks of directors of
certain corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 402 of the not-for-profit corporation law is
2 amended by adding a new paragraph (d) to read as follows:
3 (D) IF THE CERTIFICATE IS FOR THE INCORPORATION OF A CORPORATION
4 HAVING A PURPOSE OF WORKING WITH OR FOR THE BENEFIT OF YOUTHS, IT SHALL
5 HAVE ANNEXED THERETO TWO SETS OF FINGERPRINTS FOR EACH DIRECTOR OF SUCH
6 CORPORATION, FOR THE PURPOSES OF DETERMINING THE CRIMINAL HISTORY OF
7 EACH DIRECTOR, IN SUCH FORM AND MANNER AS SHALL BE SPECIFIED BY THE
8 DIVISION OF CRIMINAL JUSTICE SERVICES, BUT IN ANY EVENT, NO LESS THAN
9 TWO DIGIT IMPRINTS. EVERY SET OF FINGERPRINTS ANNEXED TO A CERTIFICATE
10 OF INCORPORATION PURSUANT TO THIS PARAGRAPH SHALL BE PROMPTLY SUBMITTED
11 TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE FIRST SET OF FINGER-
12 PRINTS RECEIVED BY THE DIVISION SHALL BE USED TO IDENTIFY THE INDIVIDUAL
13 AND TO CONDUCT A CRIMINAL HISTORY RECORDS SEARCH OF THE DIVISION'S NEW
14 YORK STATE FILES TO DETERMINE WHETHER OR NOT SUCH INDIVIDUAL HAS BEEN
15 CONVICTED OF A CRIMINAL OFFENSE IN THIS STATE. THE DIVISION SHALL
16 FORWARD THE SECOND SET OF SUCH INDIVIDUAL'S FINGERPRINTS TO THE FEDERAL
17 BUREAU OF INVESTIGATION FOR THE PURPOSE OF A NATIONWIDE CRIMINAL HISTORY
18 RECORD CHECK TO DETERMINE WHETHER SUCH INDIVIDUAL HAS BEEN CONVICTED OF
19 A CRIMINAL OFFENSE IN ANY STATE OR FEDERAL JURISDICTION. THE DIVISION
20 SHALL PROMPTLY TRANSMIT THE REPORTS OF THESE NEW YORK STATE AND NATION-
21 WIDE CRIMINAL RECORDS SEARCHES TO THE DEPARTMENT OF STATE. EACH DIRECTOR
22 OF SAID CORPORATION SHALL SIGN A RELEASE AUTHORIZING THE DEPARTMENT OF
23 STATE TO SUBMIT SUCH DIRECTOR'S FINGERPRINTS TO THE DIVISION AND TO
24 RECEIVE THE RESULTS OF SUCH CRIMINAL HISTORY RECORD SEARCHES SUPPLIED BY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04108-01-3
A. 3483 2
1 THE DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION. EACH DIRECTOR
2 SHALL, IN ADVANCE, MAKE PAYMENT TO THE DIVISION OF ANY REASONABLE FEE
3 AUTHORIZED BY LAW WHICH IS REASONABLY RELATED TO THE COST OF CONDUCTING
4 THE SEARCHES REQUIRED BY THIS PARAGRAPH.
5 S 2. The secretary of state and the commissioner of the division of
6 criminal justice services are authorized and directed to promulgate all
7 rules and regulations necessary or convenient to implement the
8 provisions of this act.
9 S 3. This act shall take effect on the ninetieth day after it shall
10 have become a law.
