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:

  Section  1.  Section  402  of  the  not-for-profit  corporation law is
amended by adding a new paragraph (d) to read as follows:
  (D) IF THE CERTIFICATE IS  FOR  THE  INCORPORATION  OF  A  CORPORATION
HAVING  A PURPOSE OF WORKING WITH OR FOR THE BENEFIT OF YOUTHS, IT SHALL
HAVE ANNEXED THERETO TWO SETS OF FINGERPRINTS FOR EACH DIRECTOR OF  SUCH
CORPORATION,  FOR  THE  PURPOSES  OF DETERMINING THE CRIMINAL HISTORY OF
EACH DIRECTOR, IN SUCH FORM AND MANNER AS  SHALL  BE  SPECIFIED  BY  THE
DIVISION  OF  CRIMINAL  JUSTICE SERVICES, BUT IN ANY EVENT, NO LESS THAN
TWO DIGIT IMPRINTS. EVERY SET OF FINGERPRINTS ANNEXED TO  A  CERTIFICATE
OF  INCORPORATION PURSUANT TO THIS PARAGRAPH SHALL BE PROMPTLY SUBMITTED
TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE FIRST SET  OF  FINGER-
PRINTS RECEIVED BY THE DIVISION SHALL BE USED TO IDENTIFY THE INDIVIDUAL
AND  TO  CONDUCT A CRIMINAL HISTORY RECORDS SEARCH OF THE DIVISION'S NEW
YORK STATE FILES TO DETERMINE WHETHER OR NOT SUCH  INDIVIDUAL  HAS  BEEN
CONVICTED  OF  A  CRIMINAL  OFFENSE  IN  THIS  STATE. THE DIVISION SHALL
FORWARD THE SECOND SET OF SUCH INDIVIDUAL'S FINGERPRINTS TO THE  FEDERAL
BUREAU OF INVESTIGATION FOR THE PURPOSE OF A NATIONWIDE CRIMINAL HISTORY
RECORD  CHECK TO DETERMINE WHETHER SUCH INDIVIDUAL HAS BEEN CONVICTED OF
A CRIMINAL OFFENSE IN ANY STATE OR FEDERAL  JURISDICTION.  THE  DIVISION
SHALL  PROMPTLY TRANSMIT THE REPORTS OF THESE NEW YORK STATE AND NATION-
WIDE CRIMINAL RECORDS SEARCHES TO THE DEPARTMENT OF STATE. EACH DIRECTOR
OF SAID CORPORATION SHALL SIGN A RELEASE AUTHORIZING THE  DEPARTMENT  OF
STATE  TO  SUBMIT  SUCH  DIRECTOR'S  FINGERPRINTS TO THE DIVISION AND TO
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

THE DIVISION AND THE FEDERAL  BUREAU  OF  INVESTIGATION.  EACH  DIRECTOR
SHALL,  IN  ADVANCE,  MAKE PAYMENT TO THE DIVISION OF ANY REASONABLE FEE
AUTHORIZED BY LAW WHICH IS REASONABLY RELATED TO THE COST OF  CONDUCTING
THE SEARCHES REQUIRED BY THIS PARAGRAPH.
  S  2.  The  secretary of state and the commissioner of the division of
criminal justice services are authorized and directed to promulgate  all
rules   and   regulations  necessary  or  convenient  to  implement  the
provisions of this act.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.