S T A T E O F N E W Y O R K
________________________________________________________________________
8095
2011-2012 Regular Sessions
I N A S S E M B L Y
June 1, 2011
___________
Introduced by M. of A. GLICK -- (at request of the Division of Homeland
Security and Emergency Services) -- 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; and to amend the executive law,
in relation to background checks of current and transferred employees
of the division of homeland security and emergency services
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 RELATED TO CRITICAL INFRASTRUCTURE, A
STATE AGENCY, DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMIT-
TEE, PUBLIC AUTHORITY, PUBLIC CORPORATION, COUNCIL, OFFICE OR OTHER
GOVERNMENTAL AGENCY MAY INCLUDE IN 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 EMPLOY-
EE SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES AND
THE DIVISION OF CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO CHARGE A FEE
IN CONNECTION WITH SUCH CRIMINAL HISTORY RECORD CHECK AND SUBMIT SUCH
FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IN ACCORDANCE WITH
APPLICABLE RULES OR INFORMATION, IF ANY, CONCERNING SUCH EMPLOYEE, AND
FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK. THE CONTRACTOR SHALL BE
RESPONSIBLE FOR INFORMING ITS EMPLOYEES THAT SUCH CRIMINAL HISTORY
RECORD CHECKS SHALL BE CONDUCTED AND FOR OBTAINING THE FINGERPRINTS FOR
TRANSMITTAL TO THE DIVISION OF CRIMINAL JUSTICE SERVICES IN THE FORM AND
MANNER PRESCRIBED BY THE DIVISION. IN DETERMINING WHETHER TO INCLUDE
SUCH REQUIREMENT IN CONTRACT DOCUMENTS, THE COMMISSIONER OR STATE AGEN-
CY, DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC
AUTHORITY, PUBLIC CORPORATION, COUNCIL, OFFICE OR OTHER GOVERNMENTAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09686-03-1
A. 8095 2
AGENCY SHALL CONSIDER, BUT NOT BE LIMITED TO CONSIDERING, WHETHER THE
CONTRACTOR'S EMPLOYEES WILL ENTER, REMAIN OR OTHERWISE HAVE ACCESS TO
CRITICAL INFRASTRUCTURE AS THAT TERM IS DEFINED IN SUBDIVISION FIVE OF
SECTION EIGHTY-SIX OF THE PUBLIC OFFICERS LAW IN THE COURSE OF PERFORM-
ING THE CONTRACT, OR HAVE ACCESS TO SENSITIVE SECURITY INFORMATION, 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. A DETERMINATION ON
WHAT CONSTITUTES CRITICAL INFRASTRUCTURE IN THE STATE SHALL BE MADE BY
THE CONTRACTING STATE ENTITY IN CONSULTATION WITH THE OFFICE OF COUNTER
TERRORISM. DETERMINATIONS ON THE SUITABILITY OF WHETHER A CONTRACT
EMPLOYEE SHALL BE PERMITTED TO ENTER, REMAIN OR OTHERWISE HAVE ACCESS TO
CRITICAL INFRASTRUCTURE OR SENSITIVE SECURITY INFORMATION IN THE COURSE
OF PERFORMING THE CONTRACT SHALL BE MADE BY THE CONTRACTING STATE AGEN-
CY, DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC
AUTHORITY, PUBLIC CORPORATION, COUNCIL, OFFICE OR THE GOVERNMENTAL AGEN-
CY IN ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
S 2. Subdivision 2 of section 709 of the executive law is amended by
adding a new paragraph (v) to read as follows:
(V) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING SUBDIVISION
FOUR OF SECTION FIFTY OF THE CIVIL SERVICE LAW, REQUIRE CURRENT AND
TRANSFERRED EMPLOYEES TO UNDERGO A STATE AND NATIONAL CRIMINAL HISTORY
RECORD CHECK FOR PURPOSES OF CONDUCTING BACKGROUND CHECKS OF SUCH INDI-
VIDUALS. THE FINGERPRINTS OF SUCH INDIVIDUALS SHALL BE SUBMITTED TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND THE DIVISION OF CRIMINAL
JUSTICE SERVICES IS AUTHORIZED TO CHARGE A FEE IN CONNECTION WITH SUCH
CRIMINAL HISTORY RECORD CHECKS AND SUBMIT SUCH FINGERPRINTS TO THE
FEDERAL BUREAU OF INVESTIGATION, IN ACCORDANCE WITH APPLICABLE RULES OR
REGULATIONS PROMULGATED BY SUCH ENTITIES, IN ORDER TO OBTAIN CRIMINAL
HISTORY RECORD INFORMATION CONCERNING SUCH INDIVIDUALS. THE DIVISION
SHALL CONDUCT BACKGROUND INVESTIGATIONS OF ALL SUCH INDIVIDUALS. DETER-
MINATIONS ON THE EFFECT OF ANY CRIMINAL CONVICTIONS SHALL BE MADE IN
ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
S 3. The director of the office of counter terrorism in consultation
with the commissioner of the division of criminal justice services shall
promulgate rules and regulations necessary to implement paragraph g of
subdivision 10 of section 163 of the state finance law.
S 4. This act shall take effect immediately; 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.