Bill Text: NY S02101 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires a criminal history check of persons seeking employment in a foreign country or seeking to adopt a foreign child where official documentation of such person's background and character is an eligibility requirement; and authorizes a reasonable fee for such search, to be deposited into the missing and exploited children clearinghouse fund to enhance the prevention of child exploitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO FINANCE [S02101 Detail]
Download: New_York-2011-S02101-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2101
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to the search of criminal
history records for persons seeking employment in or to adopt a child
from a foreign country
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new section 837-s
2 to read as follows:
3 S 837-S. CRIMINAL HISTORY CHECKS FOR PERSONS SEEKING EMPLOYMENT IN A
4 FOREIGN COUNTRY OR WHO SEEK TO ADOPT A CHILD FROM A FOREIGN COUNTRY. 1.
5 THE DIVISION IS HEREBY AUTHORIZED AND DIRECTED TO CONDUCT A SEARCH OF
6 ITS CRIMINAL HISTORY RECORDS AND MAKE AVAILABLE THE RESULTS OF SUCH
7 SEARCH TO ANY PERSON SEEKING EMPLOYMENT IN A FOREIGN COUNTRY OR TO ANY
8 PERSON WHO SEEKS TO ADOPT A CHILD FROM A FOREIGN COUNTRY WHERE OFFICIAL
9 DOCUMENTATION OF A PERSON'S BACKGROUND AND CHARACTER IS AN ELIGIBILITY
10 REQUIREMENT IMPOSED BY SUCH FOREIGN COUNTRY FOR SUCH EMPLOYMENT OR
11 ADOPTION.
12 2. UPON APPLICATION OF ANY PERSON SEEKING A CRIMINAL HISTORY SEARCH
13 FOR THE PURPOSES SET FORTH IN SUBDIVISION ONE OF THIS SECTION, THE DIVI-
14 SION IS AUTHORIZED AND DIRECTED TO OBTAIN THE FINGERPRINTS OF SUCH
15 APPLICANT TO FACILITATE THE DIVISION'S SEARCH.
16 3. THE DIVISION IS AUTHORIZED TO CHARGE A REASONABLE FEE TO CONDUCT
17 THE SEARCH SET FORTH IN THIS SECTION. ALL SUCH FEES SHALL BE REMITTED TO
18 THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE FOR
19 DEPOSIT IN THE MISSING AND EXPLOITED CHILDREN'S CLEARINGHOUSE FUND
20 ESTABLISHED PURSUANT TO SECTION NINETY-TWO-W OF THE STATE FINANCE LAW.
21 4. ANY SEARCH MADE PURSUANT TO THIS SECTION SHALL BE MADE SOLELY TO
22 PROVIDE THE APPLICANT WITH THE RESULTS OF SUCH SEARCH IN ORDER TO SATIS-
23 FY EMPLOYMENT OR ADOPTION REQUIREMENTS OF A FOREIGN COUNTRY. NO SEARCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06792-01-1
S. 2101 2
1 MADE PURSUANT TO THIS SECTION SHALL RESULT IN THE CREATION OF A SEARCH
2 AND RETAIN FILE FOR SUCH APPLICANT.
3 5. THE RESULTS OF ANY SEARCH MADE PURSUANT TO THIS SECTION MAY BE MADE
4 AVAILABLE BY THE DIVISION ONLY TO THE APPLICANT.
5 6. THE DIVISION IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND REGU-
6 LATIONS NECESSARY FOR THE TIMELY IMPLEMENTATION OF THIS SECTION AND FOR
7 THE MANNER AND FORM OF APPLICATION AND SEARCH PROCEDURES REQUIRED BY
8 THIS SECTION.
9 7. IT SHALL BE A CLASS A MISDEMEANOR FOR ANY PERSON TO DISCLOSE THE
10 RESULTS OF ANY SEARCH MADE PURSUANT TO THIS SECTION IN ANY TRANSACTION
11 EXCEPT AS NECESSARY TO SATISFY EMPLOYMENT OR ADOPTION REQUIREMENTS OF A
12 FOREIGN COUNTRY.
13 S 2. This act shall take effect on the first of November next succeed-
14 ing the date on which it shall have become a law.
