§ 22. Fingerprints. (a) Notwithstanding any other provision of law,
every applicant for a license, authorization or registration under
articles nine, nine-A, eleven-B, twelve-B, twelve-C, twelve-D, twelve-E
and thirteen-B of this chapter and every applicant filing an application
to acquire control of any licensee or registrant, as the case may be,
under such articles shall submit simultaneously with an application, his
or her fingerprints in such form and in such manner as specified by the
division of criminal justice services, but in any event, no less than
two digit imprints. The superintendent shall submit such fingerprints to
the division of criminal justice services for the purpose of conducting
a criminal history search and returning a report thereon in accordance
with the procedures and requirements established by the division
pursuant to the provisions of article thirty-five of the executive law,
which shall include the payment of the prescribed processing fees. The
superintendent shall request that the division submit such fingerprints
to the federal bureau of investigation, together with the processing
fees prescribed by such bureau, for the purpose of conducting a criminal
history search and returning a report thereon. An applicant shall not be
required to submit his or her fingerprints as required by this
subdivision if such applicant (i) is already subject to regulation by
the department and the applicant has submitted such fingerprints to the
department, such fingerprints have been submitted to the division of
criminal justice services for the purpose of conducting a criminal
history search, and a report of such search has been received by the
department from such division; or (ii) is subject to regulation by a
federal bank regulatory agency and has submitted such fingerprints to
such agency which has had a criminal history search conducted of such
individual and has shared such information or its determination
resulting from such search with the department; or (iii) is an officer
or stockholder of a corporation whose common or preferred stock is
registered on a national securities exchange, as provided in an act of
congress of the United States entitled the "Securities Exchange Act of
1934", approved June sixth, nineteen hundred thirty-four, as amended, or
such other exchange or market system as the superintendent shall approve
by regulation, and has submitted such fingerprints to such exchange or
market system which has had a criminal history search conducted of such
individual and has shared such information or its determination
resulting from such search with the department; provided, however, that
the superintendent may subsequently require such applicant to submit his
or her fingerprints if the superintendent has a reasonable basis for
updating the information or determination resulting from the report of
the criminal history search conducted at the request of such federal
banking agency, exchange or market system.

(b) The superintendent shall also, concurrent with an investigation of
a licensee or registrant, or an authorized individual, pertaining to a
violation of this chapter, submit such fingerprints to the division of
criminal justice services for the purpose of conducting a criminal
history search and returning a report thereon and through the division
to the federal bureau of investigation for the purpose of a fingerprint
check of such licensee, registrant or authorized individual.

(c) For purposes of this section, "applicant" shall include a natural
person or such principal, officer, director, trustee or stockholder of
any other entity as may be designated by the superintendent.
Notwithstanding any other provision of this article, the superintendent
shall not access criminal history data or information, unless any agency
from which the superintendent receives directly criminal history data or
information has entered into a use and dissemination agreement with the
superintendent consistent with the provisions of this section.