Relates to the purchase of security services.
TITLE OF BILL: An act to amend the state finance law and the general business law, in relation to the purchase of security services
PURPOSE: To ensure that all employees engaged in contracted security services by the state have training in responding to the most current threats. To ensure additionally that there is a more stringent penalty for those employers who forego this necessary training.
SUMMARY OF PROVISIONS: The first section of the bill mandates that contractors or sub-contractors, who receive over S500,000 in contracts from NY State, are mandated to enroll their security personnel in 40 hour training programs. Each firm will be required to use a qualified security training program certified by the Office of Homeland Security. Additionally, on the job training will be increased from 16 to 32 hours for all security officers.
The second section of the bill increases the penalty for employers failing to ensure that their officers have undergone proper registration and training. The penalty will range from $1,000 to $10,000.
JUSTIFICATION: New York State security personnel are the first line of defense for tenants and, visitors at our homes and work places. The current training standards for these employees have been shown over and over again to be insufficient in giving security personnel the tools they need to keep New Yorkers safe and secure. An increased 40-hour training regiment for state-contracted security personnel will not only ensure that the workforce is sufficiently able to respond to various threats, but it will also cover new training previously neglected. The 40-hour training will include fire safety, crime prevention, first aid, and coordination with police, fire, and emergency personnel during an emergency. Furthermore, the training program will have had to he certified by the Office of Homeland Security. This new training will allow security guards to adapt to the most current threats, and provide protection to New York's citizens as their first line of defense.
Currently, the penalty for employers failing to ensure that their security personnel are certified is too low. According to a report issued by the City of New York Public Advocate's Office, 17% of security personnel have less than eight hours of mandatory pre-assignment training, and 12% have no training at all. Additionally, according to a study in the Rochester Democrat and Chronicle in 2008 there has not been a review of the 880 schools which provide this mandatory training program since 2005. The current maximum fine of $1,000 to an employer has proved to he an insufficient deterrent. New meaningful and enforceable
penalties will ensure that New Yorkers receive the best protection possible in this new dangerous security climate.
LEGISLATIVE HISTORY: 2009-10: S.7913 - Referred to Finance
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1778 2011-2012 Regular Sessions IN SENATE January 12, 2011 ___________Introduced by Sen. PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law and the general business law, in relation to the purchase of security services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 165 of the state finance law is amended by adding a new subdivision 9 to read as follows: 9. SPECIAL PROVISIONS REGARDING THE PURCHASING OF SECURITY SERVICES. A. WHENEVER THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVI- SION OR PUBLIC BENEFIT CORPORATION OF THE STATE ENTERS INTO A CONTRACT IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS TO PURCHASE SECURITY SERVICES FROM ANY PRIVATE INVESTIGATOR, OR WATCH, GUARD OR PATROL AGENCY, OR SECURITY GUARD COMPANY, THE CONTRACT SHALL PROVIDE THAT THE ENTITY PROVIDING THE SECURITY SERVICES SHALL ENSURE THAT EACH SECURITY GUARD WHO PERFORMS SERVICES UNDER THE CONTRACT COMPLETES A TRAINING PROGRAM CERTIFIED BY THE DEPARTMENT OF HOMELAND SECURITY PURSUANT TO PARAGRAPH (R) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED NINE OF THE EXECUTIVE LAW WITHIN NINETY WORKING DAYS FOLLOWING EMPLOYMENT, AND THAT SUCH TRAINING SHALL BE PROVIDED AT NO COST TO THE SECURITY GUARDS. B. EXCEPT IN THE CASE OF CONTRACTS IN THE AMOUNT OF FIVE HUNDRED THOU- SAND DOLLARS OR LESS, EVERY BID, PROPOSAL, OR OTHER RESPONSE TO A SOLIC- ITATION FOR BID OR PROPOSAL FOR SECURITY SERVICES TO BE PROVIDED TO THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION OR PUBLIC BENEFIT CORPORATION OF THE STATE SHALL BE DEEMED NON-RESPONSIVE UNLESS THE PERSON OR ENTITY SUBMITTING THE BID ESTABLISHES THAT IT HAS THE CAPACITY TO PROVIDE THE NECESSARY TRAINING TO EACH SECURITY OFFICER PERFORMING SERVICES UNDER THE CONTRACT. C. WHENEVER THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVI- SION OR PUBLIC BENEFIT CORPORATION OF THE STATE ENTERS INTO A CONTRACT IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS TO PURCHASE SECURITY SERVICESEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07007-01-1 S. 1778 2
FROM ANY PRIVATE INVESTIGATOR, OR WATCH, GUARD OR PATROL AGENCY, OR SECURITY GUARD COMPANY, THE CONTRACT SHALL PROVIDE THAT THE ENTITY PROVIDING THE SECURITY SERVICES SHALL FURNISH A PERFORMANCE BOND EXECUTED BY A SURETY AUTHORIZED TO DO BUSINESS IN THE STATE, OR THE EQUIVALENT IN CASH. THE PERFORMANCE BOND SHALL BE IN AN AMOUNT ADEQUATE TO ENSURE THE PROTECTION OF THE GOVERNMENT, BUT SHALL BE NO LESS THAN FIFTY PERCENT OF THE AMOUNT PAYABLE UNDER THE CONTRACT. S 2. The opening paragraph of subdivision 1 of section 79 of the general business law, as amended by chapter 336 of the laws of 1992, is amended to read as follows: The department of state shall have the power to revoke or suspend any license, or in lieu thereof to impose a fine not exceeding
[one]TEN thousand dollars PER VIOLATION OR OCCURRENCE payable to the department of state, or reprimand any licensee or deny an application for a license or renewal thereof upon proof: S 3. Paragraph b of subdivision 1 of section 89-n of the general busi- ness law, as amended by chapter 634 of the laws of 1994, is amended to read as follows: b. an on-the-job training course to be completed within ninety working days following employment, consisting of a minimum of [sixteen hours and a maximum of]forty hours, [as determined by the council, generally relating to the security guard's specific duties, the nature of the work place and the requirements of the security guard company]WHICH SHALL COVER OBSERVATION, DETECTION AND REPORTING SKILLS; COORDINATION WITH LOCAL POLICE, FIRE AND EMERGENCY SERVICES SKILLS; IN WORKING WITH ADVANCED SECURITY TECHNOLOGY INCLUDING SURVEILLANCE AND ACCESS CONTROL PROCEDURES; AND AT LEAST THREE HOURS OF TRAINING DEVOTED TO TERRORISM AWARENESS. THE ENTITY EMPLOYING THE SECURITY GUARD SHALL COMPENSATE THE SECURITY GUARD FOR ALL HOURS OF ATTENDANCE AT THE TRAINING COURSE AT NO LESS THAN THE SECURITY GUARD'S REGULAR HOURLY WAGE, OR THE OVERTIME RATE, IF APPLICABLE; S 4. This act shall take effect immediately.