Bill Text: NY S01246 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the purchase of security services.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S01246 Detail]

Download: New_York-2013-S01246-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1246
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the state finance law and the general business  law,  in
         relation to the purchase of security services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 165 of the state finance law is amended by adding a
    2  new subdivision 9 to read as follows:
    3    9. SPECIAL PROVISIONS REGARDING THE PURCHASING OF SECURITY SERVICES.
    4    A. WHENEVER THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVI-
    5  SION OR PUBLIC BENEFIT CORPORATION OF THE STATE ENTERS INTO  A  CONTRACT
    6  IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS TO PURCHASE SECURITY SERVICES
    7  FROM  ANY  PRIVATE  INVESTIGATOR,  OR  WATCH, GUARD OR PATROL AGENCY, OR
    8  SECURITY GUARD COMPANY, THE  CONTRACT  SHALL  PROVIDE  THAT  THE  ENTITY
    9  PROVIDING  THE  SECURITY  SERVICES SHALL ENSURE THAT EACH SECURITY GUARD
   10  WHO PERFORMS SERVICES UNDER THE CONTRACT COMPLETES  A  TRAINING  PROGRAM
   11  CERTIFIED  BY  THE DEPARTMENT OF HOMELAND SECURITY PURSUANT TO PARAGRAPH
   12  (R) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED NINE  OF  THE  EXECUTIVE
   13  LAW  WITHIN  NINETY  WORKING  DAYS  FOLLOWING  EMPLOYMENT, AND THAT SUCH
   14  TRAINING SHALL BE PROVIDED AT NO COST TO THE SECURITY GUARDS.
   15    B. EXCEPT IN THE CASE OF CONTRACTS IN THE AMOUNT OF FIVE HUNDRED THOU-
   16  SAND DOLLARS OR LESS, EVERY BID, PROPOSAL, OR OTHER RESPONSE TO A SOLIC-
   17  ITATION FOR BID OR PROPOSAL FOR SECURITY SERVICES TO BE PROVIDED TO  THE
   18  STATE  OR  ANY  GOVERNMENTAL  AGENCY  OR POLITICAL SUBDIVISION OR PUBLIC
   19  BENEFIT CORPORATION OF THE STATE SHALL BE DEEMED  NON-RESPONSIVE  UNLESS
   20  THE  PERSON  OR  ENTITY  SUBMITTING  THE BID ESTABLISHES THAT IT HAS THE
   21  CAPACITY TO PROVIDE THE NECESSARY  TRAINING  TO  EACH  SECURITY  OFFICER
   22  PERFORMING SERVICES UNDER THE CONTRACT.
   23    C. WHENEVER THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVI-
   24  SION  OR  PUBLIC BENEFIT CORPORATION OF THE STATE ENTERS INTO A CONTRACT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04239-01-3
       S. 1246                             2
    1  IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS TO PURCHASE SECURITY SERVICES
    2  FROM ANY PRIVATE INVESTIGATOR, OR WATCH,  GUARD  OR  PATROL  AGENCY,  OR
    3  SECURITY  GUARD  COMPANY,  THE  CONTRACT  SHALL  PROVIDE THAT THE ENTITY
    4  PROVIDING  THE  SECURITY  SERVICES  SHALL  FURNISH  A  PERFORMANCE  BOND
    5  EXECUTED BY A SURETY AUTHORIZED TO DO BUSINESS  IN  THE  STATE,  OR  THE
    6  EQUIVALENT  IN CASH. THE PERFORMANCE BOND SHALL BE IN AN AMOUNT ADEQUATE
    7  TO ENSURE THE PROTECTION OF THE GOVERNMENT, BUT SHALL BE  NO  LESS  THAN
    8  FIFTY PERCENT OF THE AMOUNT PAYABLE UNDER THE CONTRACT.
    9    S  2.  The  opening  paragraph  of  subdivision 1 of section 79 of the
   10  general business law, as amended by chapter 336 of the laws of 1992,  is
   11  amended to read as follows:
   12    The  department of state shall have the power to revoke or suspend any
   13  license, or in lieu thereof to impose a fine  not  exceeding  [one]  TEN
   14  thousand  dollars  PER VIOLATION OR OCCURRENCE payable to the department
   15  of state, or reprimand any licensee or deny an application for a license
   16  or renewal thereof upon proof:
   17    S 3. Paragraph b of subdivision 1 of section 89-n of the general busi-
   18  ness law, as amended by chapter 634 of the laws of 1994, is  amended  to
   19  read as follows:
   20    b. an on-the-job training course to be completed within ninety working
   21  days following employment, consisting of a minimum of [sixteen hours and
   22  a  maximum  of]  forty  hours,  [as determined by the council, generally
   23  relating to the security guard's specific duties, the nature of the work
   24  place and the requirements of the security guard  company]  WHICH  SHALL
   25  COVER  OBSERVATION,  DETECTION  AND  REPORTING SKILLS; COORDINATION WITH
   26  LOCAL POLICE, FIRE  AND  EMERGENCY  SERVICES  SKILLS;  IN  WORKING  WITH
   27  ADVANCED  SECURITY  TECHNOLOGY INCLUDING SURVEILLANCE AND ACCESS CONTROL
   28  PROCEDURES; AND AT LEAST THREE HOURS OF TRAINING  DEVOTED  TO  TERRORISM
   29  AWARENESS.  THE ENTITY EMPLOYING THE SECURITY GUARD SHALL COMPENSATE THE
   30  SECURITY GUARD FOR ALL HOURS OF ATTENDANCE AT THE TRAINING COURSE AT  NO
   31  LESS  THAN  THE  SECURITY  GUARD'S  REGULAR HOURLY WAGE, OR THE OVERTIME
   32  RATE, IF APPLICABLE;
   33    S 4. This act shall take effect immediately.