Authorizes the commissioner of general services to require the fingerprinting of the employees of any contractor doing work on a state job or any facility at which official state business is conducted on a regular basis; such fingerprints may be submitted to the division of criminal justice services and the federal bureau of investigation for state and national criminal history record checks.
STATE OF NEW YORK
________________________________________________________________________
4595
2015-2016 Regular Sessions
IN ASSEMBLY
February 3, 2015
___________
Introduced by M. of A. CLARK -- 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:
1 Section 1. Section 203 of the executive law is amended by adding a new
2 closing paragraph to read as follows:
3 Notwithstanding any other provision of law, the commissioner or his or
4 her designee is authorized to require the fingerprinting of persons
5 employed on, in or at any facility owned, leased, or operated by the
6 state, or any facility at which official state business is conducted on
7 a regular basis, provided, however, that the commissioner shall be
8 authorized to require the fingerprinting of such persons only in
9 instances where such persons will be given access to areas within such
10 facilities that (a) are secured for the purpose of controlling general
11 public access, or (b) contain information of a confidential nature and
12 the facility cannot be adequately controlled to ensure the security of
13 such information. Provided, however, that the commissioner shall not
14 require the fingerprinting of persons employed at any facility under the
15 jurisdiction and control of another state agency, state department,
16 public authority or public benefit corporation absent the written
17 request of the head of the subject agency, department, authority or
18 corporation. Such fingerprints may be submitted to the division of crim-
19 inal justice services and the federal bureau of investigation for state
20 and national criminal history record checks. For purposes of this para-
21 graph, the term "employed" shall mean the provision of services as a
22 contractor, independent contractor, subcontractor or consultant and
23 includes all employees of such contractors, independent contractors,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08682-01-5
A. 4595 2
1 subcontractors and consultants; the term applies regardless of whether
2 such persons receive compensation for their services and the term
3 "information of a confidential nature" shall mean:
4 (1) information or materials that are specifically exempted from
5 disclosure by state or federal statute;
6 (2) information or materials that are maintained and kept in the ordi-
7 nary course of state business that if disclosed would constitute an
8 unwarranted invasion of personal privacy, including: (i) employment,
9 medical or credit histories or personal references of applicants for
10 employment, (ii) items involving medical or personal records of a client
11 or patient in a medical facility, (iii) information of personal nature
12 when disclosure would result in economic or personal hardship to the
13 subject party, or (iv) information reported in confidence to an agency;
14 (3) information or materials that if disclosed would impair present or
15 imminent contract awards or collective bargaining negotiations;
16 (4) information or materials that consist of trade secrets or are
17 submitted to an agency by a commercial enterprise or are derived from
18 information obtained from a commercial enterprise and which, if
19 disclosed, would cause substantial injury to the competitive position of
20 the subject enterprise;
21 (5) information or materials that are compiled for law enforcement
22 purposes;
23 (6) information or materials that, if disclosed, would endanger the
24 life or safety of any person;
25 (7) information or materials that have been prepared by state employ-
26 ees and are used to influence the decision making of elected or
27 appointed state officials;
28 (8) information or materials that are examination questions or answers
29 which are requested prior to the final administration of such questions;
30 or
31 (9) information or materials that consist of computer access codes.
32 § 2. This act shall take effect immediately.
