Bill Text: NY A03436 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the executive law, in relation to authorizing the commissioner of general services to fingerprint and process state and national criminal history checks on employees of contractors performing work on state premises

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A03436 Detail]

Download: New_York-2009-A03436-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3436
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2009
                                      ___________
       Introduced  by M. of A. CLARK -- read once and referred to the Committee
         on Governmental Operations
       AN ACT to amend the  executive  law,  in  relation  to  authorizing  the
         commissioner  of general services to fingerprint and process state and
         national criminal history checks on employees of contractors  perform-
         ing work on state premises
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 203 of the executive law is  amended  by  adding  a
    2  fourth undesignated paragraph to read as follows:
    3    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OR HIS OR
    4  HER  DESIGNEE  IS  AUTHORIZED  TO  REQUIRE THE FINGERPRINTING OF PERSONS
    5  EMPLOYED ON, IN OR AT ANY FACILITY OWNED, LEASED,  OR  OPERATED  BY  THE
    6  STATE,  OR ANY FACILITY AT WHICH OFFICIAL STATE BUSINESS IS CONDUCTED ON
    7  A REGULAR BASIS, PROVIDED,  HOWEVER,  THAT  THE  COMMISSIONER  SHALL  BE
    8  AUTHORIZED  TO  REQUIRE  THE  FINGERPRINTING  OF  SUCH  PERSONS  ONLY IN
    9  INSTANCES WHERE SUCH PERSONS WILL BE GIVEN ACCESS TO AREAS  WITHIN  SUCH
   10  FACILITIES  THAT  (A) ARE SECURED FOR THE PURPOSE OF CONTROLLING GENERAL
   11  PUBLIC ACCESS, OR (B) CONTAIN INFORMATION OF A CONFIDENTIAL  NATURE  AND
   12  THE  FACILITY  CANNOT BE ADEQUATELY CONTROLLED TO ENSURE THE SECURITY OF
   13  SUCH INFORMATION.  PROVIDED, HOWEVER, THAT THE  COMMISSIONER  SHALL  NOT
   14  REQUIRE THE FINGERPRINTING OF PERSONS EMPLOYED AT ANY FACILITY UNDER THE
   15  JURISDICTION  AND  CONTROL  OF  ANOTHER  STATE AGENCY, STATE DEPARTMENT,
   16  PUBLIC AUTHORITY  OR  PUBLIC  BENEFIT  CORPORATION  ABSENT  THE  WRITTEN
   17  REQUEST  OF  THE  HEAD  OF  THE SUBJECT AGENCY, DEPARTMENT, AUTHORITY OR
   18  CORPORATION. SUCH FINGERPRINTS MAY BE SUBMITTED TO THE DIVISION OF CRIM-
   19  INAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION FOR  STATE
   20  AND  NATIONAL CRIMINAL HISTORY RECORD CHECKS. FOR PURPOSES OF THIS PARA-
   21  GRAPH, THE TERM "EMPLOYED" SHALL MEAN THE PROVISION  OF  SERVICES  AS  A
   22  CONTRACTOR,  INDEPENDENT  CONTRACTOR,  SUBCONTRACTOR  OR  CONSULTANT AND
   23  INCLUDES ALL EMPLOYEES OF  SUCH  CONTRACTORS,  INDEPENDENT  CONTRACTORS,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06032-01-9
       A. 3436                             2
    1  SUBCONTRACTORS  AND  CONSULTANTS; THE TERM APPLIES REGARDLESS OF WHETHER
    2  SUCH PERSONS RECEIVE  COMPENSATION  FOR  THEIR  SERVICES  AND  THE  TERM
    3  "INFORMATION OF A CONFIDENTIAL NATURE" SHALL MEAN:
    4    (1)  INFORMATION  OR  MATERIALS  THAT  ARE  SPECIFICALLY EXEMPTED FROM
    5  DISCLOSURE BY STATE OR FEDERAL STATUTE;
    6    (2) INFORMATION OR MATERIALS THAT ARE MAINTAINED AND KEPT IN THE ORDI-
    7  NARY COURSE OF STATE BUSINESS THAT  IF  DISCLOSED  WOULD  CONSTITUTE  AN
    8  UNWARRANTED  INVASION  OF  PERSONAL  PRIVACY, INCLUDING: (I) EMPLOYMENT,
    9  MEDICAL OR CREDIT HISTORIES OR PERSONAL  REFERENCES  OF  APPLICANTS  FOR
   10  EMPLOYMENT, (II) ITEMS INVOLVING MEDICAL OR PERSONAL RECORDS OF A CLIENT
   11  OR  PATIENT  IN A MEDICAL FACILITY, (III) INFORMATION OF PERSONAL NATURE
   12  WHEN DISCLOSURE WOULD RESULT IN ECONOMIC OR  PERSONAL  HARDSHIP  TO  THE
   13  SUBJECT PARTY, OR (IV) INFORMATION REPORTED IN CONFIDENCE TO AN AGENCY;
   14    (3) INFORMATION OR MATERIALS THAT IF DISCLOSED WOULD IMPAIR PRESENT OR
   15  IMMINENT CONTRACT AWARDS OR COLLECTIVE BARGAINING NEGOTIATIONS;
   16    (4)  INFORMATION  OR  MATERIALS  THAT  CONSIST OF TRADE SECRETS OR ARE
   17  SUBMITTED TO AN AGENCY BY A COMMERCIAL ENTERPRISE OR  ARE  DERIVED  FROM
   18  INFORMATION   OBTAINED  FROM  A  COMMERCIAL  ENTERPRISE  AND  WHICH,  IF
   19  DISCLOSED, WOULD CAUSE SUBSTANTIAL INJURY TO THE COMPETITIVE POSITION OF
   20  THE SUBJECT ENTERPRISE;
   21    (5) INFORMATION OR MATERIALS THAT ARE  COMPILED  FOR  LAW  ENFORCEMENT
   22  PURPOSES;
   23    (6)  INFORMATION  OR  MATERIALS THAT, IF DISCLOSED, WOULD ENDANGER THE
   24  LIFE OR SAFETY OF ANY PERSON;
   25    (7) INFORMATION OR MATERIALS THAT HAVE BEEN PREPARED BY STATE  EMPLOY-
   26  EES  AND  ARE  USED  TO  INFLUENCE  THE  DECISION  MAKING  OF ELECTED OR
   27  APPOINTED STATE OFFICIALS;
   28    (8) INFORMATION OR MATERIALS THAT ARE EXAMINATION QUESTIONS OR ANSWERS
   29  WHICH ARE REQUESTED PRIOR TO THE FINAL ADMINISTRATION OF SUCH QUESTIONS;
   30  OR
   31    (9) INFORMATION OR MATERIALS THAT CONSIST OF COMPUTER ACCESS CODES.
   32    S 2. This act shall take effect immediately.