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.
STATE OF NEW YORK
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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.
LBD10384-01-9
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.