senate Bill S1778

2011-2012 Legislative Session

Relates to the purchase of security services

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Jan 12, 2011 referred to finance

S1778 - Bill Details

Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §165, St Fin L; amd §§79 & 89-n, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S7913

S1778 - Bill Texts

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Relates to the purchase of security services.

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BILL NUMBER:S1778

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
failing 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 work places. The
current training standards for these employees have been shown over
and over again to be insufficient in giving security personnel the
tools they need to keep New Yorkers safe and secure. An increased
40-hour training regiment for state-contracted security personnel
will not only ensure that the workforce is sufficiently able to
respond to various threats, but it will also cover new training
previously neglected. The 40-hour training will include fire safety,
crime prevention, first aid, and coordination with police, fire, and
emergency personnel during an emergency. Furthermore, the training
program will have had to he certified by the Office of Homeland
Security. This new training will allow security guards to adapt to
the most current threats, and provide protection to New York's
citizens as their first line of defense.

Currently, the penalty for employers failing to ensure that their
security personnel are certified is too low. According to a report
issued by the City of New York Public Advocate's Office, 17% of
security personnel have less than eight hours of mandatory
pre-assignment training, and 12% have no training at all.
Additionally, according to a study in the Rochester Democrat and
Chronicle in 2008 there has not been a review of the 880 schools
which provide this mandatory training program since
2005. The current maximum fine of $1,000 to an employer has proved to
he an insufficient deterrent. New meaningful and enforceable


penalties will ensure that New Yorkers receive the best protection
possible in this new dangerous security climate.

LEGISLATIVE HISTORY:
2009-10: S.7913 - Referred to Finance

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

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

                                  1778

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07007-01-1

S. 1778                             2

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
EXECUTED  BY  A  SURETY  AUTHORIZED  TO DO BUSINESS IN THE STATE, OR THE
EQUIVALENT IN CASH. THE PERFORMANCE BOND SHALL BE IN AN AMOUNT  ADEQUATE
TO  ENSURE  THE  PROTECTION OF THE GOVERNMENT, BUT SHALL BE NO LESS THAN
FIFTY PERCENT OF THE AMOUNT PAYABLE UNDER THE CONTRACT.
  S 2. The opening paragraph of subdivision  1  of  section  79  of  the
general  business law, as amended by chapter 336 of the laws of 1992, is
amended to read as follows:
  The department of state shall have the power to revoke or suspend  any
license,  or  in  lieu  thereof to impose a fine not exceeding [one] TEN
thousand dollars PER VIOLATION OR OCCURRENCE payable to  the  department
of state, or reprimand any licensee or deny an application for a license
or renewal thereof upon proof:
  S 3. Paragraph b of subdivision 1 of section 89-n of the general busi-
ness  law,  as amended by chapter 634 of the laws of 1994, is amended to
read as follows:
  b. an on-the-job training course to be completed within ninety working
days following employment, consisting of a minimum of [sixteen hours and
a maximum of] forty hours, [as  determined  by  the  council,  generally
relating to the security guard's specific duties, the nature of the work
place  and  the  requirements of the security guard company] WHICH SHALL
COVER OBSERVATION, DETECTION AND  REPORTING  SKILLS;  COORDINATION  WITH
LOCAL  POLICE,  FIRE  AND  EMERGENCY  SERVICES  SKILLS;  IN WORKING WITH
ADVANCED SECURITY TECHNOLOGY INCLUDING SURVEILLANCE AND  ACCESS  CONTROL
PROCEDURES;  AND  AT  LEAST THREE HOURS OF TRAINING DEVOTED TO TERRORISM
AWARENESS. THE ENTITY EMPLOYING THE SECURITY GUARD SHALL COMPENSATE  THE
SECURITY  GUARD FOR ALL HOURS OF ATTENDANCE AT THE TRAINING COURSE AT NO
LESS THAN THE SECURITY GUARD'S REGULAR  HOURLY  WAGE,  OR  THE  OVERTIME
RATE, IF APPLICABLE;
  S 4. This act shall take effect immediately.

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