N.Y. Banking Law § 22: Fingerprints

§ 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.