S02101 Summary:

BILL NOS02101
 
SAME ASNo same as
 
SPONSORKRUGER
 
COSPNSR
 
MLTSPNSR
 
Add S837-s, Exec L
 
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.
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S02101 Actions:

BILL NOS02101
 
01/18/2011REFERRED TO FINANCE
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S02101 Floor Votes:

There are no votes for this bill in this legislative session.
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S02101 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2101
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    January 18, 2011
                                       ___________
 
        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:
 
     1    Section 1. The executive law is amended by adding a new section  837-s
     2  to read as follows:
     3    §  837-s.  Criminal history checks for persons seeking employment in a
     4  foreign country or who seek to adopt a child from a foreign country.  1.
     5  The  division  is  hereby authorized and directed to conduct a search of
     6  its criminal history records and make  available  the  results  of  such
     7  search  to  any person seeking employment in a foreign country or to any
     8  person who seeks to adopt a child from a foreign country where  official
     9  documentation  of  a person's background and character is an eligibility

    10  requirement imposed by such  foreign  country  for  such  employment  or
    11  adoption.
    12    2.  Upon  application  of any person seeking a criminal history search
    13  for the purposes set forth in subdivision one of this section, the divi-
    14  sion is authorized and directed  to  obtain  the  fingerprints  of  such
    15  applicant to facilitate the division's search.
    16    3.  The  division  is authorized to charge a reasonable fee to conduct
    17  the search set forth in this section. All such fees shall be remitted to
    18  the state comptroller and the commissioner of taxation and  finance  for
    19  deposit  in  the  missing  and  exploited  children's clearinghouse fund
    20  established pursuant to section ninety-two-w of the state finance law.

    21    4. Any search made pursuant to this section shall be  made  solely  to
    22  provide the applicant with the results of such search in order to satis-
    23  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.
                                                                   LBD06792-01-1

        S. 2101                             2
 
     1  made pursuant to this section shall result in the creation of  a  search
     2  and retain file for such applicant.
     3    5. The results of any search made pursuant to this section may be made
     4  available by the division only to the applicant.

     5    6. The division is hereby authorized to promulgate any rules and regu-
     6  lations  necessary for the timely implementation of this section and for
     7  the manner and form of application and  search  procedures  required  by
     8  this section.
     9    7.  It  shall  be a class A misdemeanor for any person to disclose the
    10  results of any search made pursuant to this section in  any  transaction
    11  except  as necessary to satisfy employment or adoption requirements of a
    12  foreign country.
    13    § 2. This act shall take effect on the first of November next succeed-
    14  ing the date on which it shall have become a law.
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