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

                                  2850

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced by M. of A. CLARK, STEVENSON -- read once and referred to the
  Committee on Governmental Operations

AN  ACT  to  amend  the  executive  law,  in relation to authorizing the
  commissioner of general services to fingerprint and process state  and
  national  criminal history checks on employees of contractors perform-
  ing work on state premises

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 203 of the executive law is amended by adding a new
closing paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OR HIS OR
HER  DESIGNEE  IS  AUTHORIZED  TO  REQUIRE THE FINGERPRINTING OF PERSONS
EMPLOYED ON, IN OR AT ANY FACILITY OWNED, LEASED,  OR  OPERATED  BY  THE
STATE,  OR ANY FACILITY AT WHICH OFFICIAL STATE BUSINESS IS CONDUCTED ON
A REGULAR BASIS, PROVIDED,  HOWEVER,  THAT  THE  COMMISSIONER  SHALL  BE
AUTHORIZED  TO  REQUIRE  THE  FINGERPRINTING  OF  SUCH  PERSONS  ONLY IN
INSTANCES WHERE SUCH PERSONS WILL BE GIVEN ACCESS TO AREAS  WITHIN  SUCH
FACILITIES  THAT  (A) ARE SECURED FOR THE PURPOSE OF CONTROLLING GENERAL
PUBLIC ACCESS, OR (B) CONTAIN INFORMATION OF A CONFIDENTIAL  NATURE  AND
THE  FACILITY  CANNOT BE ADEQUATELY CONTROLLED TO ENSURE THE SECURITY OF
SUCH INFORMATION.  PROVIDED, HOWEVER, THAT THE  COMMISSIONER  SHALL  NOT
REQUIRE THE FINGERPRINTING OF PERSONS EMPLOYED AT ANY FACILITY UNDER THE
JURISDICTION  AND  CONTROL  OF  ANOTHER  STATE AGENCY, STATE DEPARTMENT,
PUBLIC AUTHORITY  OR  PUBLIC  BENEFIT  CORPORATION  ABSENT  THE  WRITTEN
REQUEST  OF  THE  HEAD  OF  THE SUBJECT AGENCY, DEPARTMENT, AUTHORITY OR
CORPORATION. SUCH FINGERPRINTS MAY BE SUBMITTED TO THE DIVISION OF CRIM-
INAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION FOR  STATE
AND  NATIONAL CRIMINAL HISTORY RECORD CHECKS. FOR PURPOSES OF THIS PARA-
GRAPH, THE TERM "EMPLOYED" SHALL MEAN THE PROVISION  OF  SERVICES  AS  A
CONTRACTOR,  INDEPENDENT  CONTRACTOR,  SUBCONTRACTOR  OR  CONSULTANT AND
INCLUDES ALL EMPLOYEES OF  SUCH  CONTRACTORS,  INDEPENDENT  CONTRACTORS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06307-01-3
              

A. 2850                             2

SUBCONTRACTORS  AND  CONSULTANTS; THE TERM APPLIES REGARDLESS OF WHETHER
SUCH PERSONS RECEIVE  COMPENSATION  FOR  THEIR  SERVICES  AND  THE  TERM
"INFORMATION OF A CONFIDENTIAL NATURE" SHALL MEAN:
  (1)  INFORMATION  OR  MATERIALS  THAT  ARE  SPECIFICALLY EXEMPTED FROM
DISCLOSURE BY STATE OR FEDERAL STATUTE;
  (2) INFORMATION OR MATERIALS THAT ARE MAINTAINED AND KEPT IN THE ORDI-
NARY COURSE OF STATE BUSINESS THAT  IF  DISCLOSED  WOULD  CONSTITUTE  AN
UNWARRANTED  INVASION  OF  PERSONAL  PRIVACY, INCLUDING: (I) EMPLOYMENT,
MEDICAL OR CREDIT HISTORIES OR PERSONAL  REFERENCES  OF  APPLICANTS  FOR
EMPLOYMENT, (II) ITEMS INVOLVING MEDICAL OR PERSONAL RECORDS OF A CLIENT
OR  PATIENT  IN A MEDICAL FACILITY, (III) INFORMATION OF PERSONAL NATURE
WHEN DISCLOSURE WOULD RESULT IN ECONOMIC OR  PERSONAL  HARDSHIP  TO  THE
SUBJECT PARTY, OR (IV) INFORMATION REPORTED IN CONFIDENCE TO AN AGENCY;
  (3) INFORMATION OR MATERIALS THAT IF DISCLOSED WOULD IMPAIR PRESENT OR
IMMINENT CONTRACT AWARDS OR COLLECTIVE BARGAINING NEGOTIATIONS;
  (4)  INFORMATION  OR  MATERIALS  THAT  CONSIST OF TRADE SECRETS OR ARE
SUBMITTED TO AN AGENCY BY A COMMERCIAL ENTERPRISE OR  ARE  DERIVED  FROM
INFORMATION   OBTAINED  FROM  A  COMMERCIAL  ENTERPRISE  AND  WHICH,  IF
DISCLOSED, WOULD CAUSE SUBSTANTIAL INJURY TO THE COMPETITIVE POSITION OF
THE SUBJECT ENTERPRISE;
  (5) INFORMATION OR MATERIALS THAT ARE  COMPILED  FOR  LAW  ENFORCEMENT
PURPOSES;
  (6)  INFORMATION  OR  MATERIALS THAT, IF DISCLOSED, WOULD ENDANGER THE
LIFE OR SAFETY OF ANY PERSON;
  (7) INFORMATION OR MATERIALS THAT HAVE BEEN PREPARED BY STATE  EMPLOY-
EES  AND  ARE  USED  TO  INFLUENCE  THE  DECISION  MAKING  OF ELECTED OR
APPOINTED STATE OFFICIALS;
  (8) INFORMATION OR MATERIALS THAT ARE EXAMINATION QUESTIONS OR ANSWERS
WHICH ARE REQUESTED PRIOR TO THE FINAL ADMINISTRATION OF SUCH QUESTIONS;
OR
  (9) INFORMATION OR MATERIALS THAT CONSIST OF COMPUTER ACCESS CODES.
  S 2. This act shall take effect immediately.