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
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.
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