NY State Assembly Bill 2009-A10554

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 07, 2010	referred to economic development

2009-A10554 (ACTIVE) - Details

See Senate Version of this Bill:: S7913
Current Committee:: Assembly Economic Development
Law Section:: State Finance Law
Laws Affected:: Amd §165, St Fin L; amd §§79 & 89-n, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1778
2013-2014: S1246

2009-A10554 (ACTIVE) - Summary

Relates to the purchase of security services.

2009-A10554 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10554

TITLE OF BILL:  An act to amend the state finance law and the general
business law, in relation to the purchase of security services

PURPOSE: To ensure that all employees engaged in contracted security
services by the state have training in responding to the most current
threats. To ensure additionally that there is a more stringent penalty
for those employers who forego this necessary training.

SUMMARY OF PROVISIONS:  The first section of the bill mandates that
contractors or sub-contractors, who receive over S500,000 in contracts
from NY State, are mandated to enroll their security personnel in 40
hour training programs. Each firm will be required to use a qualified
security training program certified by the Office of Homeland Security.
Additionally, on the job training will be increased from 16 to 32 hours
for all security officers.

The second section of the bill increases the penalty for employers fail-
ing to ensure that their officers have undergone proper registration and
training. The penalty will range from $1,000 to $10,000.

JUSTIFICATION:  New York State security personnel are the first line of
defense for tenants and, visitors at our homes and workplaces. The
current training standards for these employees have been shown over and
over again to be insufficient in giving security personnel the tools

they need to keep New Yorkers safe and secure. An increased 40-hour
training regiment for state-contracted security personnel will not only
ensure that the workforce is sufficiently able to respond to various
threats, but it will also cover new training previously neglected. The
40-hour training will include fire safety, crime prevention, first aid,
and coordination with police, fire, and emergency personnel during an
emergency. Furthermore, the training program will have had to he certi-
fied by the Office of Homeland Security. This new training will allow
security guards to adapt to the most current threats, and provide
protection to New York's citizens as their first line of defense.

Currently, the penalty for employers failing to ensure that their secu-
rity personnel are certified is too low. According to a report issued by
the City of New York Public Advocate's Office, 17% of security personnel
have less than eight hours of mandatory pre-assignment training, and 12%
have no training at all.  Additionally, according to a study in the
Rochester Democrat and Chronicle in 2008 there has not been a review of
the 880 schools which provide this mandatory training program since
2005.  The current maximum fine of $1,000 to an employer has proved to
he an insufficient deterrent. New meaningful and enforceable penalties
will ensure that New Yorkers receive the best protection possible in
this new dangerous security climate.

LEGISLATIVE HISTORY:

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: Immediately

2009-A10554 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10554

                          I N  A S S E M B L Y

                              April 7, 2010
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Economic Development, Job Creation, Commerce and Industry

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:

  Section 1. Section 165 of the state finance law is amended by adding a
new subdivision 9 to read as follows:
  9. SPECIAL PROVISIONS REGARDING THE PURCHASING OF SECURITY SERVICES.
  A. WHENEVER THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVI-
SION  OR  PUBLIC BENEFIT CORPORATION OF THE STATE ENTERS INTO A CONTRACT
IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS TO PURCHASE SECURITY SERVICES
FROM ANY PRIVATE INVESTIGATOR, OR WATCH,  GUARD  OR  PATROL  AGENCY,  OR
SECURITY  GUARD  COMPANY,  THE  CONTRACT  SHALL  PROVIDE THAT THE ENTITY
PROVIDING THE SECURITY SERVICES SHALL ENSURE THAT  EACH  SECURITY  GUARD
WHO  PERFORMS  SERVICES  UNDER THE CONTRACT COMPLETES A TRAINING PROGRAM
CERTIFIED BY THE DEPARTMENT OF HOMELAND SECURITY PURSUANT  TO  PARAGRAPH
(R)  OF  SUBDIVISION  TWO OF SECTION SEVEN HUNDRED NINE OF THE EXECUTIVE
LAW WITHIN NINETY WORKING  DAYS  FOLLOWING  EMPLOYMENT,  AND  THAT  SUCH
TRAINING SHALL BE PROVIDED AT NO COST TO THE SECURITY GUARDS.
  B. EXCEPT IN THE CASE OF CONTRACTS IN THE AMOUNT OF FIVE HUNDRED THOU-
SAND DOLLARS OR LESS, EVERY BID, PROPOSAL, OR OTHER RESPONSE TO A SOLIC-
ITATION  FOR BID OR PROPOSAL FOR SECURITY SERVICES TO BE PROVIDED TO THE
STATE OR ANY GOVERNMENTAL AGENCY  OR  POLITICAL  SUBDIVISION  OR  PUBLIC
BENEFIT  CORPORATION  OF THE STATE SHALL BE DEEMED NON-RESPONSIVE UNLESS
THE PERSON OR ENTITY SUBMITTING THE BID  ESTABLISHES  THAT  IT  HAS  THE
CAPACITY  TO  PROVIDE  THE  NECESSARY  TRAINING TO EACH SECURITY OFFICER
PERFORMING SERVICES UNDER THE CONTRACT.
  C. WHENEVER THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVI-
SION OR PUBLIC BENEFIT CORPORATION OF THE STATE ENTERS INTO  A  CONTRACT
IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS TO PURCHASE SECURITY SERVICES
FROM  ANY  PRIVATE  INVESTIGATOR,  OR  WATCH, GUARD OR PATROL AGENCY, OR
SECURITY GUARD COMPANY, THE  CONTRACT  SHALL  PROVIDE  THAT  THE  ENTITY
PROVIDING  THE  SECURITY  SERVICES  SHALL  FURNISH  A  PERFORMANCE  BOND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16779-02-0

A. 10554                            2

EXECUTED BY A SURETY AUTHORIZED TO DO BUSINESS  IN  THE  STATE,  OR  THE
EQUIVALENT  IN CASH. THE PERFORMANCE BOND SHALL BE IN AN AMOUNT ADEQUATE
TO ENSURE THE PROTECTION OF THE GOVERNMENT, BUT SHALL BE  NO  LESS  THAN
FIFTY PERCENT OF THE AMOUNT PAYABLE UNDER THE CONTRACT.
  S  2.  The  opening  paragraph  of  subdivision 1 of section 79 of the
general business law, as amended by chapter 336 of the laws of 1992,  is
amended to read as follows:
  The  department of state shall have the power to revoke or suspend any
license, or in lieu thereof to impose a fine  not  exceeding  [one]  TEN
thousand  dollars  PER VIOLATION OR OCCURRENCE payable to the department
of state, or reprimand any licensee or deny an application for a license
or renewal thereof upon proof:
  S 3. Paragraph b of subdivision 1 of section 89-n of the general busi-
ness law, as amended by chapter 634 of the laws of 1994, is  amended  to
read as follows:
  b. an on-the-job training course to be completed within ninety working
days following employment, consisting of a minimum of [sixteen hours and
a  maximum  of]  forty  hours,  [as determined by the council, generally
relating to the security guard's specific duties, the nature of the work
place and the requirements of the security guard  company]  WHICH  SHALL
COVER  OBSERVATION,  DETECTION  AND  REPORTING SKILLS; COORDINATION WITH
LOCAL POLICE, FIRE  AND  EMERGENCY  SERVICES  SKILLS;  IN  WORKING  WITH
ADVANCED  SECURITY  TECHNOLOGY INCLUDING SURVEILLANCE AND ACCESS CONTROL
PROCEDURES; AND AT LEAST THREE HOURS OF TRAINING  DEVOTED  TO  TERRORISM
AWARENESS.  THE ENTITY EMPLOYING THE SECURITY GUARD SHALL COMPENSATE THE
SECURITY GUARD FOR ALL HOURS OF ATTENDANCE AT THE TRAINING COURSE AT  NO
LESS  THAN  THE  SECURITY  GUARD'S  REGULAR HOURLY WAGE, OR THE OVERTIME
RATE, IF APPLICABLE;
  S 4. This act shall take effect immediately.

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Assembly Bill A10554

Sponsored By

Archive: Last Bill Status - In Assembly Committee

2009-A10554 (ACTIVE) - Details

2009-A10554 (ACTIVE) - Summary

2009-A10554 (ACTIVE) - Sponsor Memo

2009-A10554 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10554

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Sponsored By

LENTOL

Archive: Last Bill Status - In Assembly Committee

2009-A10554 (ACTIVE) - Details

2009-A10554 (ACTIVE) - Summary

2009-A10554 (ACTIVE) - Sponsor Memo

2009-A10554 (ACTIVE) - Bill Text download pdf

Comments