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.
BILL NUMBER: S1765
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 contact with confidential information -- under which such a requirement shall be considered.
EXISTING LAW : No current law explicitly authorizes state contracts to include such a requirement.
JUSTIFICATION : 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. 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. Unless we require contract employees performing the same tasks to meet the same standards of behavior, there is an unlevel playing field when it comes to comparing costs of public versus private workers.
LEGISLATIVE HISTORY : S.4709/A.6503 of 2007-08. Passed Senate in 2007
FISCAL IMPLICATIONS : None.
LOCAL FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : One hundred eighty days after becoming a law.
STATE OF NEW YORK ________________________________________________________________________ 1765 2009-2010 Regular Sessions IN SENATE February 6, 2009 ___________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. LBD03745-01-9