senate Bill S5129

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2012 referred to governmental operations
delivered to assembly
passed senate
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.799
Jan 04, 2012 referred to finance
returned to senate
died in assembly
Jun 20, 2011 referred to governmental operations
delivered to assembly
passed senate
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.864
May 03, 2011 referred to finance

Votes

view votes

May 15, 2012 - Finance committee Vote

S5129
31
1
committee
31
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

May 24, 2011 - Finance committee Vote

S5129
31
1
committee
31
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

S5129 - Details

See Assembly Version of this Bill:
A6023
Law Section:
State Finance Law
Laws Affected:
Amd ยง163, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S1765, A1284

S5129 - Summary

Authorizes background checks of the employees of contractors performing services for state agencies who have access to confidential data or who perform certain types of services where background checks would be required for state employees performing similar work.

S5129 - Sponsor Memo

S5129 - Bill Text download pdf

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

                                  5129

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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

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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.