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.