Bill Text: NY A05790 | 2011-2012 | General Assembly | Amended

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Bill Title: Requires utility companies to conduct criminal history checks on employees who enter the homes of customers.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2012-01-04 - referred to corporations, authorities and commissions [A05790 Detail]

Download: New_York-2011-A05790-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5790--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     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    S 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    S 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    S  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.