S T A T E O F N E W Y O R K
________________________________________________________________________
1284
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. REILLY, ZEBROWSKI, ESPAILLAT -- Multi-Sponsored
by -- M. of A. MAISEL, MAYERSOHN, TOWNS -- read once and referred to
the Committee on Governmental Operations
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03745-01-9
A. 1284 2
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.