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Assembly Bill A6023

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 - In Assembly Committee

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2011-A6023 (ACTIVE) - Details

See Senate Version of this Bill:
S5129
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd ยง163, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A1284, S1765

2011-A6023 (ACTIVE) - 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.

2011-A6023 (ACTIVE) - Bill Text download pdf 

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

                                  6023

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by M. of A. REILLY, P. RIVERA -- Multi-Sponsored by -- M. of
  A. BOYLAND, BRENNAN -- read once and  referred  to  the  Committee  on
  Governmental Operations

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.

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