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

                                 5790--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 1, 2011
                               ___________

Introduced by M. of A. CAMARA, STEVENSON, ROBERTS, M. MILLER, J. MILLER,
  CASTRO  --  Multi-Sponsored  by  -- M. of A. GALEF, MARKEY, McDONOUGH,
  SCHIMEL -- read once and referred to the  Committee  on  Corporations,
  Authorities  and  Commissions  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public service law, in relation to requiring utility
  companies to conduct criminal history background checks  of  employees
  and  contractors  whose  employment  on  behalf  of the public utility
  involves entering customer's homes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new article
10 to read as follows:
                                ARTICLE 10
            BACKGROUND CHECK FOR PUBLIC UTILITY EMPLOYEES AND
                  CONTRACTORS WHO ENTER CUSTOMER HOMES
SECTION 175. DEFINITIONS.
        176. BACKGROUND CHECKS FOR EMPLOYEES.
  S 175. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
TERMS SHALL MEAN:
  1. "EMPLOYEE" MEANS ANY PERSON, CONTRACTOR OR EMPLOYEE OF A CONTRACTOR
EMPLOYED  BY  A  PUBLIC UTILITY, WHO AS PART OF HIS OR HER EMPLOYMENT IS
REQUIRED TO  ENTER  THE  HOMES  OF  CUSTOMERS  OF  THE  PUBLIC  UTILITY.
PROVIDED,  THAT  SUCH TERM SHALL NOT INCLUDE ANY PERSON THAT IS A MEMBER
OF A COLLECTIVE BARGAINING UNIT HAVING A COLLECTIVE BARGAINING AGREEMENT
WITH SUCH PERSON'S EMPLOYER.
  2. "PUBLIC UTILITY" MEANS ANY GAS CORPORATION,  ELECTRIC  CORPORATION,
TELEPHONE CORPORATION, STEAM CORPORATION, WATER-WORKS CORPORATION, CABLE
TELEVISION  COMPANY,  INTERNET  ACCESS  PROVIDER OR SATELLITE TELEVISION
COMPANY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09093-02-1

              

A. 5790--A                          2

  S 176. BACKGROUND CHECKS FOR EMPLOYEES. 1. EVERY PUBLIC UTILITY  SHALL
PROVIDE  FOR  THE  CONDUCTING  OF  CRIMINAL HISTORY BACKGROUND CHECKS ON
EMPLOYEES WHO COMMENCE EMPLOYMENT BY SUCH UTILITY ON OR AFTER THE EFFEC-
TIVE DATE OF THIS ARTICLE. EACH PROSPECTIVE EMPLOYER AND EMPLOYEE, SHALL
BE FINGERPRINTED BY THE PUBLIC UTILITY FOR THE PURPOSE OF SECURING CRIM-
INAL  HISTORY  RECORDS,  RELATING TO LARCENY AND SEX OFFENSES, FROM BOTH
THE DIVISION OF CRIMINAL JUSTICE SERVICES  AND  THE  FEDERAL  BUREAU  OF
INVESTIGATION. THE SUBMISSION OF SUCH FINGERPRINTS AND THE CONDUCTING OF
CRIMINAL  HISTORY  BACKGROUND  CHECKS  PURSUANT TO THIS ARTICLE SHALL BE
SUBJECT TO THE RULES AND REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
  2. PRIOR TO THE TAKING OF THE FINGERPRINTS OF ANY PROSPECTIVE EMPLOYEE
OR EMPLOYEE, THE PUBLIC UTILITY SHALL PROVIDE SUCH EMPLOYEE WITH A DOCU-
MENT PROVIDING THE PROSPECTIVE EMPLOYEE OR EMPLOYEE WITH INFORMATION  ON
THE REQUIREMENT FOR AND USE OF SUCH FINGERPRINTS. ONLY UPON THE INFORMED
CONSENT  OF  AND  THE PAYMENT BY THE PROSPECTIVE EMPLOYEE OR EMPLOYEE OF
ANY FEES NECESSARY FOR THE CONDUCTING OF A CRIMINAL  HISTORY  BACKGROUND
CHECK, SHALL THE FINGERPRINTS OF SUCH EMPLOYEE BE TAKEN AND SUBMITTED BY
THE PUBLIC UTILITY.
  3.  UPON  RECEIPT  OF  THE CRIMINAL HISTORY RECORDS OF ANY PROSPECTIVE
EMPLOYEE OR EMPLOYEE, A PUBLIC UTILITY SHALL SECURE SUCH RECORDS IN SUCH
A MANNER AS TO ENSURE THEIR CONFIDENTIALITY. ANY ADVERSE INFORMATION MAY
BE USED AS A CONSIDERATION IN  THE  DECISION  OF  WHETHER  TO  HIRE  ANY
PROSPECTIVE EMPLOYEE ON THE EMPLOYEE'S CONTINUED EMPLOYMENT.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that,  effec-
tive  immediately,  any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.