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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5790
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 1, 2011
                                      ___________
       Introduced by M. of A. CAMARA -- read once and referred to the Committee
         on Corporations, Authorities and Commissions
       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    2.  "PUBLIC  UTILITY" MEANS ANY GAS CORPORATION, ELECTRIC CORPORATION,
   14  TELEPHONE CORPORATION, STEAM CORPORATION, WATER-WORKS CORPORATION, CABLE
   15  TELEVISION COMPANY, INTERNET ACCESS  PROVIDER  OR  SATELLITE  TELEVISION
   16  COMPANY.
   17    S  176. BACKGROUND CHECKS FOR EMPLOYEES. 1. EVERY PUBLIC UTILITY SHALL
   18  PROVIDE FOR THE CONDUCTING OF  CRIMINAL  HISTORY  BACKGROUND  CHECKS  ON
   19  EMPLOYEES WHO COMMENCE EMPLOYMENT BY SUCH UTILITY ON OR AFTER THE EFFEC-
   20  TIVE DATE OF THIS ARTICLE. EACH PROSPECTIVE EMPLOYER AND EMPLOYEE, SHALL
   21  BE FINGERPRINTED BY THE PUBLIC UTILITY FOR THE PURPOSE OF SECURING CRIM-
   22  INAL  HISTORY  RECORDS,  RELATING TO LARCENY AND SEX OFFENSES, FROM BOTH
   23  THE DIVISION OF CRIMINAL JUSTICE SERVICES  AND  THE  FEDERAL  BUREAU  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09093-01-1
       A. 5790                             2
    1  INVESTIGATION. THE SUBMISSION OF SUCH FINGERPRINTS AND THE CONDUCTING OF
    2  CRIMINAL  HISTORY  BACKGROUND  CHECKS  PURSUANT TO THIS ARTICLE SHALL BE
    3  SUBJECT TO THE RULES AND REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE
    4  SERVICES.
    5    2. PRIOR TO THE TAKING OF THE FINGERPRINTS OF ANY PROSPECTIVE EMPLOYEE
    6  OR EMPLOYEE, THE PUBLIC UTILITY SHALL PROVIDE SUCH EMPLOYEE WITH A DOCU-
    7  MENT  PROVIDING THE PROSPECTIVE EMPLOYEE OR EMPLOYEE WITH INFORMATION ON
    8  THE REQUIREMENT FOR AND USE OF SUCH FINGERPRINTS. ONLY UPON THE INFORMED
    9  CONSENT OF AND THE PAYMENT BY THE PROSPECTIVE EMPLOYEE  OR  EMPLOYEE  OF
   10  ANY  FEES  NECESSARY FOR THE CONDUCTING OF A CRIMINAL HISTORY BACKGROUND
   11  CHECK, SHALL THE FINGERPRINTS OF SUCH EMPLOYEE BE TAKEN AND SUBMITTED BY
   12  THE PUBLIC UTILITY.
   13    3. UPON RECEIPT OF THE CRIMINAL HISTORY  RECORDS  OF  ANY  PROSPECTIVE
   14  EMPLOYEE OR EMPLOYEE, A PUBLIC UTILITY SHALL SECURE SUCH RECORDS IN SUCH
   15  A MANNER AS TO ENSURE THEIR CONFIDENTIALITY. ANY ADVERSE INFORMATION MAY
   16  BE  USED  AS  A  CONSIDERATION  IN  THE  DECISION OF WHETHER TO HIRE ANY
   17  PROSPECTIVE EMPLOYEE ON THE EMPLOYEE'S CONTINUED EMPLOYMENT.
   18    S 2. This act shall take effect on the first of January next  succeed-
   19  ing  the date on which it shall have become a law, provided that, effec-
   20  tive immediately, any rules and regulations necessary to  implement  the
   21  provisions of this act on its effective date are authorized and directed
   22  to be completed on or before such date.