Bill Text: NY A06943 | 2019-2020 | 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) 2019-03-27 - referred to corporations, authorities and commissions [A06943 Detail]

Download: New_York-2019-A06943-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 27, 2019
        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.

        A. 6943                             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    §  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    § 3. This act shall take effect on the ninetieth day  after  it  shall
    10  have become a law.