senate Bill S5129

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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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

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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 - Bill Details

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

S5129 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S5129

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 access to confidential
information -- under which such a requirement shall be considered.

JUSTIFICATION:
Currently, many state employees may be subject to criminal background
checks given the nature of their work duties. This bill would
authorize similar background checks for contractor employees.

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. Two factors to be considered are whether the contractor's
employees will come into contact with confidential information, and
whether the work is of a type that -- if performed by state employees
-- applicants for such state employment would be subject to criminal
history record checks.

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, or who may have contact with children
or vulnerable persons. Contract employees performing the same tasks
should be held to the same standards.

LEGISLATIVE HISTORY:
Passed Senate in 2007 (S.4709).

FISCAL IMPLICATIONS:
None.

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

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                    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
                      [ ] is old law to be omitted.
                                                           LBD09417-01-1

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