Assembly Bill A3744

2009-2010 Legislative Session

Requires fingerprints and criminal history checks for directors of corporations formed for working with or for benefit of youths

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2009-A3744 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยง402, N-PC L
Versions Introduced in Other Legislative Sessions:
2011-2012: A553
2013-2014: A3483
2015-2016: A2920
2017-2018: A4492
2019-2020: A6943

2009-A3744 (ACTIVE) - Summary

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.

2009-A3744 (ACTIVE) - Bill Text download pdf 

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

                                  3744

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

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.
                                                           LBD05892-02-9

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