Bill Text: NY S03987 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes performance of credit, security clearance and criminal background checks of employees and prospective employees of the New York state higher education services corporation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-22 - SUBSTITUTED BY A8159A [S03987 Detail]

Download: New_York-2011-S03987-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3987
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 11, 2011
                                      ___________
       Introduced  by  Sen.  LAVALLE  --  (at  request  of the Higher Education
         Services Corporation) -- read twice  and  ordered  printed,  and  when
         printed to be committed to the Committee on Higher Education
       AN  ACT  to  amend  the education law, in relation to permitting credit,
         security clearance, and criminal background checks of employees of the
         Higher Education Services Corporation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The education law is amended by adding a new section 652-a
    2  to read as follows:
    3    S  652-A.  EMPLOYEES  OF  THE NEW YORK STATE HIGHER EDUCATION SERVICES
    4  CORPORATION; BACKGROUND CHECKS. 1. CURRENT AND PROSPECTIVE EMPLOYEES  OF
    5  THE  CORPORATION  SHALL  BE SUBJECT TO BACKGROUND AND SECURITY CLEARANCE
    6  INVESTIGATIONS REQUIRED IN THE  ORDINARY  COURSE  OF  THE  CORPORATION'S
    7  BUSINESS IF BACKGROUND AND SECURITY CLEARANCE ARE NECESSARY FOR EMPLOYEE
    8  PARTICIPATION OR PROPOSED PARTICIPATION IN THE ADMINISTRATION OF FEDERAL
    9  STUDENT  LOANS  OR  OTHER FEDERAL PROGRAMS UNDER THE FEDERAL DIRECT LOAN
   10  PROGRAM.
   11    2.   SUCH BACKGROUND OR  SECURITY  CLEARANCE  INVESTIGATION  SHALL  BE
   12  PERFORMED  BY  OR ON BEHALF OF THE CORPORATION OR BY OR ON BEHALF OF ANY
   13  OTHER STATE OR FEDERAL GOVERNMENT  AGENCY  AUTHORIZED  TO  PERFORM  SUCH
   14  INVESTIGATIONS.  THE  CORPORATION  SHALL  BE  AUTHORIZED  TO REQUEST AND
   15  RECEIVE FROM THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  OR  ANY  OTHER
   16  STATE OR FEDERAL GOVERNMENT AGENCY HAVING FACILITIES FOR PERFORMING SUCH
   17  SERVICES:  SECURITY CLEARANCE INFORMATION, INCLUDING CRIMINAL BACKGROUND
   18  AND CREDIT INFORMATION FOR CORPORATION EMPLOYEES, NEW YORK STATE EMPLOY-
   19  EES SEEKING TRANSFER TO THE CORPORATION UNDER  SECTION  SEVENTY  OF  THE
   20  CIVIL  SERVICE  LAW, NEW YORK STATE EMPLOYEES SEEKING HIRE AT THE CORPO-
   21  RATION WHO ARE ON A PREFERRED LIST SUBJECT TO SECTION EIGHTY-ONE OF  THE
   22  CIVIL  SERVICE  LAW,  OR  NEW  YORK  STATE EMPLOYEES SEEKING HIRE AT THE
   23  CORPORATION THROUGH THEIR PLACE  ON  AN  ELIGIBLE  LIST  AS  DEFINED  IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09755-04-1
       S. 3987                             2
    1  SECTION  FIFTY-SIX  OF  THE  CIVIL SERVICE LAW AND WHO HAVE SUCCESSFULLY
    2  COMPLETED A PROMOTIONAL EXAM SUBJECT TO SECTION FIFTY-TWO OF  THE  CIVIL
    3  SERVICE  LAW IF SUCH SECURITY INFORMATION IS NECESSARY FOR THE EMPLOYEES
    4  TO  BE IN COMPLIANCE WITH THE ADMINISTRATION OF FEDERAL STUDENT LOANS OR
    5  OTHER FEDERAL PROGRAMS UNDER THE FEDERAL DIRECT LOAN PROGRAM.
    6    3. IF AN EMPLOYEE OR PROSPECTIVE EMPLOYEE NEEDS BACKGROUND AND SECURI-
    7  TY CLEARANCE IN ORDER TO BE COMPLIANT WITH THE ADMINISTRATION OF FEDERAL
    8  STUDENT LOANS OR OTHER FEDERAL PROGRAMS UNDER THE  FEDERAL  DIRECT  LOAN
    9  PROGRAM, THE CORPORATION SHALL BE AUTHORIZED TO REQUIRE SUCH AN EMPLOYEE
   10  OR  PROSPECTIVE  EMPLOYEE TO SUBMIT TO THE CORPORATION OR OTHER STATE OR
   11  FEDERAL GOVERNMENT AGENCY  AUTHORIZED  TO  PERFORM  SUCH  INVESTIGATIONS
   12  IDENTIFYING  INFORMATION,  WHICH  SHALL  INCLUDE  FINGERPRINTS, PERSONAL
   13  INFORMATION, OR OTHER AUTHORIZATIONS, REQUIRED BY  ANY  OTHER  STATE  OR
   14  FEDERAL GOVERNMENT AGENCY AUTHORIZED TO PERFORM SUCH INVESTIGATIONS. THE
   15  FINGERPRINTS SO OBTAINED SHALL BE FORTHWITH FORWARDED TO THE DIVISION OF
   16  CRIMINAL  JUSTICE  SERVICES,  OR  ANY  OTHER STATE OR FEDERAL GOVERNMENT
   17  AGENCY HAVING FACILITIES FOR CHECKING FINGERPRINTS FOR THE  PURPOSES  OF
   18  DETERMINING  WHETHER  OR  NOT  CRIMINAL  CHARGES ARE PENDING AGAINST THE
   19  EMPLOYEE OR PROSPECTIVE EMPLOYEE OR  WHETHER  OR  NOT  THE  EMPLOYEE  OR
   20  PROSPECTIVE  EMPLOYEE HAD PREVIOUSLY BEEN CONVICTED OF A CRIME, AND SUCH
   21  AGENCY SHALL REPORT A FINDING  OF  SUCH  PENDING  CHARGES  AND  PREVIOUS
   22  CONVICTIONS,  IF  ANY,  TO  THE  CORPORATION IN WRITING OR BY ELECTRONIC
   23  MEANS OR ANY OTHER METHOD AGREED UPON BY THE CORPORATION AND THE AGENCY.
   24    S 2. This act shall take effect immediately.