STATE OF NEW YORK
________________________________________________________________________
5790--A
2011-2012 Regular Sessions
IN ASSEMBLY
March 1, 2011
___________
Introduced by M. of A. CAMARA, STEVENSON, ROBERTS, M. MILLER, J. MILLER,
CASTRO -- Multi-Sponsored by -- M. of A. GALEF, MARKEY, McDONOUGH,
SCHIMEL -- read once and referred to the Committee on Corporations,
Authorities and Commissions -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public service law, in relation to requiring utility
companies to conduct criminal history background checks of employees
and contractors whose employment on behalf of the public utility
involves entering customer's homes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public service law is amended by adding a new article
2 10 to read as follows:
3 ARTICLE 10
4 BACKGROUND CHECK FOR PUBLIC UTILITY EMPLOYEES AND
5 CONTRACTORS WHO ENTER CUSTOMER HOMES
6 Section 175. Definitions.
7 176. Background checks for employees.
8 § 175. Definitions. For the purposes of this article, the following
9 terms shall mean:
10 1. "Employee" means any person, contractor or employee of a contractor
11 employed by a public utility, who as part of his or her employment is
12 required to enter the homes of customers of the public utility.
13 Provided, that such term shall not include any person that is a member
14 of a collective bargaining unit having a collective bargaining agreement
15 with such person's employer.
16 2. "Public utility" means any gas corporation, electric corporation,
17 telephone corporation, steam corporation, water-works corporation, cable
18 television company, internet access provider or satellite television
19 company.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09093-02-1
A. 5790--A 2
1 § 176. Background checks for employees. 1. Every public utility shall
2 provide for the conducting of criminal history background checks on
3 employees who commence employment by such utility on or after the effec-
4 tive date of this article. Each prospective employer and employee, shall
5 be fingerprinted by the public utility for the purpose of securing crim-
6 inal history records, relating to larceny and sex offenses, from both
7 the division of criminal justice services and the federal bureau of
8 investigation. The submission of such fingerprints and the conducting of
9 criminal history background checks pursuant to this article shall be
10 subject to the rules and regulations of the division of criminal justice
11 services.
12 2. Prior to the taking of the fingerprints of any prospective employee
13 or employee, the public utility shall provide such employee with a docu-
14 ment providing the prospective employee or employee with information on
15 the requirement for and use of such fingerprints. Only upon the informed
16 consent of and the payment by the prospective employee or employee of
17 any fees necessary for the conducting of a criminal history background
18 check, shall the fingerprints of such employee be taken and submitted by
19 the public utility.
20 3. Upon receipt of the criminal history records of any prospective
21 employee or employee, a public utility shall secure such records in such
22 a manner as to ensure their confidentiality. Any adverse information may
23 be used as a consideration in the decision of whether to hire any
24 prospective employee on the employee's continued employment.
25 § 2. This act shall take effect on the first of January next succeed-
26 ing the date on which it shall have become a law, provided that, effec-
27 tive immediately, any rules and regulations necessary to implement the
28 provisions of this act on its effective date are authorized and directed
29 to be completed on or before such date.
