Senate Bill S5129

2011-2012 Legislative Session

Authorizes background checks of the employees of contractors performing services for state agencies

download bill text pdf

Sponsored By

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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2011-S5129 (ACTIVE) - Details

See Assembly Version of this Bill:
A6023
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S1765, A1284

2011-S5129 (ACTIVE) - Summary

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.

2011-S5129 (ACTIVE) - Sponsor Memo

2011-S5129 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. Subdivision 10 of section 163 of the state finance law,  is
amended by adding a new paragraph g to read as follows:
  G.  IN  CONTRACTS  FOR  SERVICES, THE COMMISSIONER OR STATE AGENCY MAY
INCLUDE IN THE CONTRACT DOCUMENTS, A REQUIREMENT THAT  PERSONS  EMPLOYED
BY  THE  CONTRACTOR  TO  PERFORM  WORK PURSUANT TO THE CONTRACT SHALL BE
REQUIRED TO UNDERGO A STATE AND NATIONAL CRIMINAL HISTORY RECORD  CHECK.
WHEN  REQUIRED,  THE FINGERPRINTS OF SUCH AN EMPLOYEE SHALL BE SUBMITTED
TO THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE DIVISION OF  CRIMI-
NAL  JUSTICE  SERVICES  IS AUTHORIZED TO SUBMIT SUCH FINGERPRINTS TO THE
FEDERAL BUREAU OF INVESTIGATION, IN ACCORDANCE WITH APPLICABLE RULES  OR
REGULATIONS,  IN  ORDER TO OBTAIN RELEVANT STATE CRIMINAL HISTORY RECORD
INFORMATION, IF ANY, CONCERNING SUCH EMPLOYEE, AND FOR A NATIONAL CRIMI-
NAL HISTORY RECORD  CHECK.  THE  CONTRACTOR  SHALL  BE  RESPONSIBLE  FOR
INFORMING  ITS EMPLOYEES THAT SUCH CRIMINAL HISTORY RECORD CHECKS MAY BE
CONDUCTED. IN DETERMINING WHETHER TO INCLUDE  SUCH  REQUIREMENT  IN  THE
CONTRACT DOCUMENTS, THE COMMISSIONER OR STATE AGENCY SHALL CONSIDER, BUT
NOT  BE  LIMITED  TO,  WHETHER THE CONTRACTOR'S EMPLOYEES WILL COME INTO
CONTACT WITH CONFIDENTIAL INFORMATION IN THE COURSE  OF  PERFORMING  THE
CONTRACT,  AND  WHETHER  THE  WORK  IS  OF  A TYPE THAT, IF PERFORMED BY
EMPLOYEES OF THE STATE, APPLICANTS FOR EMPLOYMENT WOULD BE  REQUIRED  BY
THE  STATE  TO  SUBMIT  TO  A  CRIMINAL HISTORY RECORD CHECK PURSUANT TO
SECTION FIFTY OF THE CIVIL SERVICE LAW OR ANY OTHER APPLICABLE LAW.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that  the  amendments  to
subdivision  10  of section 163 of the state finance law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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