NY State Senate Bill 2009-S1016

Senate Bill S1016

2009-2010 Legislative Session

Requires criminal history check of persons seeking out of country employment or out of country adoption

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Jan 22, 2009	referred to finance

2009-S1016 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-s, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S2101

2009-S1016 (ACTIVE) - Summary

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.

2009-S1016 (ACTIVE) - Sponsor Memo

2009-S1016 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1016

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

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:

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S  837-S.  CRIMINAL HISTORY CHECKS FOR PERSONS SEEKING EMPLOYMENT IN A
FOREIGN COUNTRY OR WHO SEEK TO ADOPT A CHILD FROM A FOREIGN COUNTRY.  1.
THE  DIVISION  IS  HEREBY AUTHORIZED AND DIRECTED TO CONDUCT A SEARCH OF
ITS CRIMINAL HISTORY RECORDS AND MAKE  AVAILABLE  THE  RESULTS  OF  SUCH
SEARCH  TO  ANY PERSON SEEKING EMPLOYMENT IN A FOREIGN COUNTRY OR TO ANY
PERSON WHO SEEKS TO ADOPT A CHILD FROM A FOREIGN COUNTRY WHERE  OFFICIAL
DOCUMENTATION  OF  A PERSON'S BACKGROUND AND CHARACTER IS AN ELIGIBILITY
REQUIREMENT IMPOSED BY SUCH  FOREIGN  COUNTRY  FOR  SUCH  EMPLOYMENT  OR
ADOPTION.
  2.  UPON  APPLICATION  OF ANY PERSON SEEKING A CRIMINAL HISTORY SEARCH
FOR THE PURPOSES SET FORTH IN SUBDIVISION ONE OF THIS SECTION, THE DIVI-
SION IS AUTHORIZED AND DIRECTED  TO  OBTAIN  THE  FINGERPRINTS  OF  SUCH
APPLICANT TO FACILITATE THE DIVISION'S SEARCH.
  3.  THE  DIVISION  IS AUTHORIZED TO CHARGE A REASONABLE FEE TO CONDUCT
THE SEARCH SET FORTH IN THIS SECTION. ALL SUCH FEES SHALL BE REMITTED TO
THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND  FINANCE  FOR
DEPOSIT  IN  THE  MISSING  AND  EXPLOITED  CHILDREN'S CLEARINGHOUSE FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-W OF THE STATE FINANCE LAW.
  4. ANY SEARCH MADE PURSUANT TO THIS SECTION SHALL BE  MADE  SOLELY  TO
PROVIDE THE APPLICANT WITH THE RESULTS OF SUCH SEARCH IN ORDER TO SATIS-
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.
                                                           LBD06309-01-9

S. 1016                             2

MADE PURSUANT TO THIS SECTION SHALL RESULT IN THE CREATION OF  A  SEARCH
AND RETAIN FILE FOR SUCH APPLICANT.
  5. THE RESULTS OF ANY SEARCH MADE PURSUANT TO THIS SECTION MAY BE MADE
AVAILABLE BY THE DIVISION ONLY TO THE APPLICANT.
  6. THE DIVISION IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND REGU-
LATIONS  NECESSARY FOR THE TIMELY IMPLEMENTATION OF THIS SECTION AND FOR
THE MANNER AND FORM OF APPLICATION AND  SEARCH  PROCEDURES  REQUIRED  BY
THIS SECTION.
  7.  IT  SHALL  BE A CLASS A MISDEMEANOR FOR ANY PERSON TO DISCLOSE THE
RESULTS OF ANY SEARCH MADE PURSUANT TO THIS SECTION IN  ANY  TRANSACTION
EXCEPT  AS NECESSARY TO SATISFY EMPLOYMENT OR ADOPTION REQUIREMENTS OF A
FOREIGN COUNTRY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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