senate Bill S1765

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to finance
Feb 06, 2009 referred to finance

S1765 - Bill Details

See Assembly Version of this Bill:
A1284
Current Committee:
Law Section:
State Finance Law

S1765 - Bill Texts

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BILL NUMBER: S1765

TITLE OF BILL :
An act to amend the state finance law, in relation to background
checks in connection with certain contracts

PURPOSE :
This bill permits state contracts to include a requirement for
criminal history record checks of certain persons employed by the
contractor.

SUMMARY OF PROVISIONS :
Adds a new paragraph g to subdivision 10 of section 163 of the State
Finance Law permitting state contracts to include a requirement for
criminal history record checks of certain employees of the contractor
who will be performing work pursuant to the contract, authorizing the
Division of Criminal Justice Services to process such record checks,
and identifying circumstances -- such as contact with confidential
information -- under which such a requirement shall be considered.

EXISTING LAW :
No current law explicitly authorizes state contracts to include such a
requirement.

JUSTIFICATION :
This bill will protect public agencies and members of the public by
establishing criteria under which criminal history record checks may
be required of employees of a contractor doing work under a state
contract. Certain employees of contractors may have access to
confidential materials, such as tax returns or medical records.
Absent criminal history record checks, there is no way of protecting
the integrity of these records, or of ensuring the safety and
protection of the citizens whose personal information is handled by
these contract employees. In addition, a number of laws require
criminal history record checks of public employees who perform certain
particularly sensitive or responsible tasks. Unless we require
contract employees performing the same tasks to meet the same
standards of behavior, there is an unlevel playing field when it comes
to comparing costs of public versus private workers.

LEGISLATIVE HISTORY :
S.4709/A.6503 of 2007-08. Passed Senate in 2007

FISCAL IMPLICATIONS :
None.

LOCAL FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
One hundred eighty days after becoming a law.
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