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 - Dead) 2020-01-08 - referred to corporations, authorities and commissions [A06943 Detail]
Download: New_York-2019-A06943-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6943 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. LBD10384-01-9A. 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.