Bill Text: NY S05129 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes background checks of the employees of contractors performing services for state agencies who have access to confidential data or who perform certain types of services where background checks would be required for state employees performing similar work.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-05-31 - referred to governmental operations [S05129 Detail]

Download: New_York-2011-S05129-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5129
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the state finance law, in relation to background  checks
         in connection with certain contracts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 10 of section 163 of the state finance law,  is
    2  amended by adding a new paragraph g to read as follows:
    3    G.  IN  CONTRACTS  FOR  SERVICES, THE COMMISSIONER OR STATE AGENCY MAY
    4  INCLUDE IN THE CONTRACT DOCUMENTS, A REQUIREMENT THAT  PERSONS  EMPLOYED
    5  BY  THE  CONTRACTOR  TO  PERFORM  WORK PURSUANT TO THE CONTRACT SHALL BE
    6  REQUIRED TO UNDERGO A STATE AND NATIONAL CRIMINAL HISTORY RECORD  CHECK.
    7  WHEN  REQUIRED,  THE FINGERPRINTS OF SUCH AN EMPLOYEE SHALL BE SUBMITTED
    8  TO THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE DIVISION OF  CRIMI-
    9  NAL  JUSTICE  SERVICES  IS AUTHORIZED TO SUBMIT SUCH FINGERPRINTS TO THE
   10  FEDERAL BUREAU OF INVESTIGATION, IN ACCORDANCE WITH APPLICABLE RULES  OR
   11  REGULATIONS,  IN  ORDER TO OBTAIN RELEVANT STATE CRIMINAL HISTORY RECORD
   12  INFORMATION, IF ANY, CONCERNING SUCH EMPLOYEE, AND FOR A NATIONAL CRIMI-
   13  NAL HISTORY RECORD  CHECK.  THE  CONTRACTOR  SHALL  BE  RESPONSIBLE  FOR
   14  INFORMING  ITS EMPLOYEES THAT SUCH CRIMINAL HISTORY RECORD CHECKS MAY BE
   15  CONDUCTED. IN DETERMINING WHETHER TO INCLUDE  SUCH  REQUIREMENT  IN  THE
   16  CONTRACT DOCUMENTS, THE COMMISSIONER OR STATE AGENCY SHALL CONSIDER, BUT
   17  NOT  BE  LIMITED  TO,  WHETHER THE CONTRACTOR'S EMPLOYEES WILL COME INTO
   18  CONTACT WITH CONFIDENTIAL INFORMATION IN THE COURSE  OF  PERFORMING  THE
   19  CONTRACT,  AND  WHETHER  THE  WORK  IS  OF  A TYPE THAT, IF PERFORMED BY
   20  EMPLOYEES OF THE STATE, APPLICANTS FOR EMPLOYMENT WOULD BE  REQUIRED  BY
   21  THE  STATE  TO  SUBMIT  TO  A  CRIMINAL HISTORY RECORD CHECK PURSUANT TO
   22  SECTION FIFTY OF THE CIVIL SERVICE LAW OR ANY OTHER APPLICABLE LAW.
   23    S 2. This act shall take effect on the one hundred eightieth day after
   24  it shall have become a law; provided, however, that  the  amendments  to
   25  subdivision  10  of section 163 of the state finance law made by section
   26  one of this act shall not affect the repeal of such section and shall be
   27  deemed repealed therewith.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09417-01-1