NY State Senate Bill 2021-S5561A

Senate Bill S5561A

2021-2022 Legislative Session

Relates to the credentials of construction contractors hired to perform work on certain school facilities

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to education
Apr 28, 2021	committee discharged and committed to education
Mar 23, 2021	print number 5561a
Mar 23, 2021	amend (t) and recommit to children and families
Mar 11, 2021	referred to children and families

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S5561 - Details

See Assembly Version of this Bill:: A6219
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §408-c, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S4862, A7356

2021-S5561 - Summary

Requires construction contractors hired to perform work on certain school buildings and facilities to acquire a transportation worker identification credential card issued by the Transportation Security Administration prior to beginning work on such buildings and facilities.

2021-S5561 - Sponsor Memo

                                
 
BILL NUMBER: S5561

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the education law, in relation to background checks and
fingerprinting; and to amend the social services law, in relation to
statewide central registry clearances by construction contractors

 
PURPOSE:

To require fingerprinting and background checks of construction contrac-
tors

 
SUMMARY OF PROVISIONS:

1. Amend the education law's definition of employee to include
construction contractors

2. Requires the fingerprinting of prospective employees, including
construction contractors

3. Allows the commissioner to promulgate rules necessary and expansion
of the web portal to view fingerprint and background results of prospec-
tive employees

4. Amends the education law to include construction contractors

5. Amends the education law to include construction contractors

6. Amends the education law to include construction contractors

7. Amends the education law to include construction contractors

8. Amends the education law to include construction contractors

9. Definition of construction contractors

10. Amends the social services law to include construction contractors

11. Amends the social services law to construction contractors

12. Effective Date

 
JUSTIFICATION:

Most individuals strongly agree that background checks are necessary for
individuals who have frequent interactions with children. In current NYS
law, teachers, teacher's aides, cafeteria workers and bus drivers all
receive background checkers before hiring.

Many other positions in schools have contact with minors and therefore
should also be subject to the stringent requirements in order to ensure
children's safety. Specifically, this bill seeks to require background
checks of construction contractors. These individual s will likely spend
hours each day within school facilities amongst hundreds of minors. In
order to protect these children, we need to ensure that every individual
has gone through the appropriate background checks and fingerprints.

Importantly, under this legislation, the construction contractors will
be required to run the background checks themselves rather than relying
on individual school districts to keep up with this administrative
responsibility. These background checks will be connected via an inter-
net based web portal created by the department.

 
PRIOR LEGISLATIVE HISTORY:

S:4862B- Passed Senate in 2019

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately, except that amendments shall take place on the same date
and time as their chapter, and this shall not affect the effective date
of chapters which expire, nor the repeal of certain sections;

2021-S5561 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5561
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, BROOKS, GAUGHRAN, KAMINSKY, THOMAS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Children and Families
 
 AN  ACT to amend the education law, in relation to background checks and
   fingerprinting; and to amend the social services law, in  relation  to
   statewide central registry clearances by construction contractors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 1125  of  the  education  law,  as
 amended  by  chapter  363  of  the  laws  of 2018, is amended to read as
 follows:
   3. "Employee" shall mean any person: (i) who is receiving compensation
 from a school or (ii) whose duties involve direct  student  contact  and
 (a)  who  is  receiving  compensation  from  any  person  or entity that
 contracts with a school to provide transportation services to  children,
 or  (b)  who  is  an employee of a contracted service provider or worker
 placed within the school under a public assistance  employment  program,
 pursuant  to title nine-B of article five of the social services law, OR
 (C) WHO IS RECEIVING COMPENSATION FROM ANY CONSTRUCTION CONTRACTOR,  and
 consistent  with  the  provisions  of  such  title  for the provision of
 services to such school, its students or employees, directly or  through
 contract.
   §  2.  Paragraph (a) of subdivision 30 of section 305 of the education
 law, as amended by chapter 630 of the laws of 2006, is amended  to  read
 as follows:
   (a)  The  commissioner,  in  cooperation with the division of criminal
 justice services and in accordance with  all  applicable  provisions  of
 law,  shall promulgate rules and regulations to require the fingerprint-
 ing of prospective employees, as defined in section eleven hundred twen-
 ty-five of this chapter, of school  districts,  charter  schools  [and],
 boards of cooperative educational services, AND CONSTRUCTION CONTRACTORS

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07121-02-1

 S. 5561                             2
 
 and authorizing the fingerprinting of prospective employees of nonpublic
 and  private elementary and secondary schools, and for the use of infor-
 mation derived from searches of the records of the division of  criminal
 justice  services  and  the federal bureau of investigation based on the
 use of such fingerprints. The commissioner shall also develop a form for
 use by school districts, charter schools, boards of  cooperative  educa-
 tional  services,  CONSTRUCTION  CONTRACTORS,  and nonpublic and private
 elementary and secondary schools in connection with  the  submission  of
 fingerprints  that  contains  the  specific  job  title  sought  OR  THE
 CONSTRUCTION OR MAINTENANCE PROJECT ON  WHICH  THE  INDIVIDUAL  WILL  BE
 WORKING, and any other information that may be relevant to consideration
 of  the  applicant.    THE  COMMISSIONER SHALL ALSO CREATE OR EXPAND THE
 FUNCTIONALITY  OF  INTERNET  BASED  SYSTEMS   TO   PROVIDE   ACCESS   TO
 CONSTRUCTION CONTRACTORS UPON APPLICATION OF THE CONSTRUCTION CONTRACTOR
 TO  THE  COMMISSIONER  TO  ENABLE  THEM TO BE ABLE TO REVIEW FINGERPRINT
 RESULTS AND SUBSEQUENT ARREST NOTIFICATIONS BASED ON THE FINGERPRINT AND
 BACKGROUND CHECK DATA BY LOGGING INTO A PROTECTED WEB  PORTAL,  ENTERING
 IN  THE  EMPLOYEE  NAME  AND SOCIAL SECURITY NUMBER, WHICH WOULD PROVIDE
 ACCESS TO SEE THE  FINGERPRINT  RESULTS.  The  commissioner  shall  also
 establish a form for the recordation of allegations of child abuse in an
 educational  setting,  as  required  pursuant  to section eleven hundred
 twenty-six of this chapter. No person who has been fingerprinted  pursu-
 ant  to  section  three  thousand  four-b of this chapter or pursuant to
 section five hundred nine-cc or  twelve  hundred  twenty-nine-d  of  the
 vehicle  and  traffic law and whose fingerprints remain on file with the
 division of criminal justice services shall be required to undergo fing-
 erprinting for purposes of a new criminal  history  record  check.  This
 subdivision  and  the rules and regulations promulgated pursuant thereto
 shall not apply to a school district within a city with a population  of
 one million or more.
   §  3.  The  opening  paragraph  of  paragraph (b) of subdivision 30 of
 section 305 of the education law, as amended by chapter 630 of the  laws
 of 2006, is amended to read as follows:
   The commissioner, in cooperation with the division of criminal justice
 services, shall promulgate a form to be provided to all such prospective
 employees  of  school  districts, charter schools, boards of cooperative
 educational services, CONSTRUCTION CONTRACTORS and nonpublic and private
 elementary and secondary schools that  elect  to  fingerprint  and  seek
 clearance for prospective employees that shall:
   §  4.  Paragraph (d) of subdivision 30 of section 305 of the education
 law, as amended by chapter 630 of the laws of 2006, is amended  to  read
 as follows:
   (d)  The commissioner shall develop forms to be provided to all school
 districts, charter schools, boards of cooperative educational  services,
 CONSTRUCTION CONTRACTORS and to all nonpublic and private elementary and
 secondary schools that elect to fingerprint their prospective employees,
 to  be  completed  and  signed by prospective employees when conditional
 appointment or emergency conditional appointment is offered.
   § 5. Subdivision 31 of section 305 of the education law, as  added  by
 chapter 380 of the laws of 2001, is amended to read as follows:
   31.  The  commissioner shall direct that each school district, charter
 school, [and] private elementary and secondary school, AND  CONSTRUCTION
 CONTRACTOR  appoint  a  designated educational official for the purposes
 set forth in section 380.90 of the criminal procedure  law,  subdivision
 seventeen of section 301.2 and subdivision three of section 380.1 of the
 family  court  act. In addition, the commissioner shall promulgate rules

 S. 5561                             3
 
 and regulations, in consultation  with  the  office  of  court  adminis-
 tration,  to facilitate electronic access by the courts to the names and
 addresses of such designated educational officials.
   § 6. Subdivision 1 of section 3035 of the education law, as amended by
 chapter 630 of the laws of 2006, is amended to read as follows:
   1.  [The] PRIOR TO THE AWARDING OF A CONTRACT TO PERFORM SERVICES, THE
 commissioner shall submit to the division of criminal  justice  services
 two sets of fingerprints of prospective employees as defined in subdivi-
 sion  three  of  section  eleven  hundred  twenty-five  of  this chapter
 received from a school district, charter school or board of  cooperative
 educational   services,  CONSTRUCTION  CONTRACTORS  and  of  prospective
 employees received from nonpublic and private elementary  and  secondary
 schools pursuant to title two of this chapter, and the division of crim-
 inal  justice  services  processing  fee imposed pursuant to subdivision
 eight-a of section eight hundred thirty-seven of the executive  law  and
 any fee imposed by the federal bureau of investigation.  The division of
 criminal  justice services and the federal bureau of investigation shall
 forward such criminal history record to the  commissioner  in  a  timely
 manner.  For  the  purposes  of this section, the term "criminal history
 record" shall mean a record of all convictions of crimes and any pending
 criminal charges maintained on an individual by the division of criminal
 justice services and the federal bureau of investigation. All such crim-
 inal history records sent to the commissioner pursuant to this  subdivi-
 sion  shall be confidential pursuant to the applicable federal and state
 laws, rules and regulations, and shall not be published or  in  any  way
 disclosed  to  persons  other  than  the  commissioner, unless otherwise
 authorized by law.
   § 7. Subdivision 3 of section 3035 of the education law, as amended by
 section 7 of chapter 630 of the laws of 2006,  is  amended  to  read  as
 follows:
   3.  (a) Clearance. (I) After receipt of a criminal history record from
 the division of criminal justice services  and  the  federal  bureau  of
 investigation  the  commissioner  shall  promptly notify the appropriate
 school  district,  charter  school,  board  of  cooperative  educational
 services, CONSTRUCTION CONTRACTORS or nonpublic or private elementary or
 secondary  school  whether the prospective employee to which such report
 relates is cleared for employment OR FOR ACCESS TO THE PROPOSED  PROJECT
 TO  PERFORM  CONSTRUCTION  AND/OR MAINTENANCE WORK based upon his or her
 criminal history. All determinations to  grant  or  deny  clearance  for
 employment  pursuant  to this paragraph shall be performed in accordance
 with subdivision sixteen of section two hundred ninety-six of the execu-
 tive law and article twenty-three-A of  the  correction  law.  When  the
 commissioner  denies  a  prospective  employee clearance for employment,
 such prospective employee shall be afforded notice and the right  to  be
 heard  and offer proof in opposition to such determination in accordance
 with the regulations of the commissioner.
   (II) NOTWITHSTANDING ANY OTHER PROVISIONS  OF  LAW  TO  THE  CONTRARY,
 INFORMATION  REGARDING  THE  RESULTS  OF THE INVESTIGATION OF CURRENT OR
 PROSPECTIVE EMPLOYEES OF CONSTRUCTION CONTRACTORS AND SUBSEQUENT CHANGES
 IN STATUS RELATED TO SUCH EMPLOYEES SHALL BE TRANSMITTED VIA  AN  INTER-
 NET-BASED  SYSTEM MADE AVAILABLE TO CONSTRUCTION CONTRACTORS UPON APPLI-
 CATION OF THE CONSTRUCTION CONTRACTOR  TO  THE  COMMISSIONER  WHERE,  BY
 LOGGING  INTO  A  PROTECTED WEB PORTAL AND ENTERING IN THE EMPLOYEE NAME
 AND SOCIAL SECURITY NUMBER, AND CONSTRUCTION CONTRACTORS WOULD  BE  ABLE
 TO  ACCESS  FINGERPRINT  RESULTS, WHETHER THE EMPLOYEE FIRST COMPLETED A
 FORM PROVIDED TO THEM BY THE CONSTRUCTION  CONTRACTORS,  OR  RECEIVED  A

 S. 5561                             4
 
 FORM PREVIOUSLY FROM A SCHOOL DISTRICT, CHARTER SCHOOL OR BOARD OF COOP-
 ERATIVE  EDUCATIONAL  SERVICES. NOTHING IN THIS SECTION SHALL REQUIRE AN
 EMPLOYEE WHO HAS ALREADY SUBMITTED THEIR FINGERPRINTS TO THE COMMISSION-
 ER TO HAVE TO SUBMIT THEM AGAIN, SO LONG AS THEY WERE NOT DESTROYED.
   (b)  Conditional  clearance.  When the commissioner receives a request
 for a determination  on  the  conditional  clearance  of  a  prospective
 employee,  the  commissioner, after receipt of a criminal history record
 from the division of criminal justice services,  shall  promptly  notify
 the  prospective  employee  and the appropriate school district, charter
 school, board of cooperative educational services, CONSTRUCTION CONTRAC-
 TORS or nonpublic or private elementary or  secondary  school  that  the
 prospective  employee  to  which  such  report  relates is conditionally
 cleared for employment OR WORK ON A CONSTRUCTION OR MAINTENANCE  PROJECT
 based  upon  his  or her criminal history or that more time is needed to
 make the determination. If the commissioner determines that more time is
 needed, the notification shall include a  good  faith  estimate  of  the
 amount of additional time needed. Such notification shall be made within
 fifteen  business  days  after the commissioner receives the prospective
 employee's fingerprints. All determinations to grant or deny conditional
 clearance for employment pursuant to this paragraph shall  be  performed
 in accordance with subdivision sixteen of section two hundred ninety-six
 of the executive law and article twenty-three-A of the correction law.
   § 8. Subdivision 3 of section 3035 of the education law, as amended by
 section  8  of  chapter  630  of the laws of 2006, is amended to read as
 follows:
   3. After receipt of a criminal history record  from  the  division  of
 criminal  justice  services  and the federal bureau of investigation the
 commissioner shall promptly  notify  the  appropriate  school  district,
 charter school, board of cooperative educational services,  CONSTRUCTION
 CONTRACTOR,  or  nonpublic  or  private  elementary  or secondary school
 whether the prospective employee to which such report relates is cleared
 for employment OR FOR ACCESS TO  A  PROPOSED  PROJECT  SITE  TO  PERFORM
 CONSTRUCTION  AND/OR  MAINTENANCE  WORK  based  upon his or her criminal
 history. All determinations to grant or deny clearance for employment OR
 ABILITY TO WORK ON A PROPOSED PROJECT pursuant to this subdivision shall
 be performed in accordance  with  subdivision  sixteen  of  section  two
 hundred  ninety-six  of  the executive law and article twenty-three-A of
 the correction law.  When the commissioner denies a prospective employee
 clearance for employment, such prospective employee  shall  be  afforded
 notice  and  the right to be heard and offer proof in opposition to such
 determination in accordance with the regulations of the commissioner.
   § 9. Section 1125 of the education law is  amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  "CONSTRUCTION  CONTRACTOR"  SHALL  MEAN  ANY INDIVIDUAL OR ENTITY
 SEEKING  PERMISSION  EITHER  THROUGH  A  BID  OR  OTHERWISE  TO  PERFORM
 CONSTRUCTION AND/OR MAINTENANCE WORK ON FACILITIES OCCUPIED AT ANY POINT
 BY STUDENTS OF THE SCHOOL DISTRICT, CHARTER SCHOOL, BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES, OR NONPUBLIC SCHOOL.
   §  10.  Subdivision  3 of section 424-a of the social services law, as
 amended by section 14-a of part H of chapter 56 of the laws of 2019,  is
 amended to read as follows:
   3.  For  purposes  of  this  section, the term "provider" or "provider
 agency" shall mean: an authorized agency; the  office  of  children  and
 family  services;  juvenile  detention facilities subject to the certif-
 ication of the office of children and family services;  programs  estab-
 lished pursuant to article nineteen-H of the executive law; non-residen-

 S. 5561                             5
 
 tial  or  residential programs or facilities licensed or operated by the
 office of mental health or the  office  for  people  with  developmental
 disabilities  except  family  care  homes; including head start programs
 which are funded pursuant to title V of the federal economic opportunity
 act  of  nineteen  hundred  sixty-four,  as  amended; early intervention
 service established pursuant to section twenty-five hundred forty of the
 public health law; preschool services established  pursuant  to  section
 forty-four hundred ten of the education law; CONSTRUCTION CONTRACTORS AS
 DEFINED  IN  SUBDIVISION ELEVEN OF SECTION ELEVEN HUNDRED TWENTY-FIVE OF
 THE EDUCATION LAW; special act school districts as enumerated in chapter
 five hundred sixty-six of the laws of nineteen hundred  sixty-seven,  as
 amended;  programs  and  facilities licensed by the office of alcoholism
 and substance abuse services; residential schools  which  are  operated,
 supervised or approved by the education department; health homes, or any
 subcontractor of such health homes, who contracts with or is approved or
 otherwise  authorized by the department of health to provide health home
 services to all those enrolled pursuant to a  diagnosis  of  a  develop-
 mental  disability  as defined in subdivision twenty-two of section 1.03
 of the mental hygiene law and enrollees who are under  twenty-one  years
 of  age under section three hundred sixty-five-l of this chapter, or any
 entity that provides home and community based services to enrollees  who
 are under twenty-one years of age under a demonstration program pursuant
 to  section  eleven  hundred fifteen of the federal social security act;
 publicly-funded emergency shelters for families with children, provided,
 however, for purposes of this section, when  the  provider  or  provider
 agency  is  a  publicly-funded emergency shelter for families with chil-
 dren, then all references in this section to the "potential for  regular
 and  substantial contact with individuals who are cared for by the agen-
 cy" shall mean the potential for regular and  substantial  contact  with
 children  who  are  served  by  such  shelter; and any other facility or
 provider agency, as defined in subdivision four of section four  hundred
 eighty-eight  of  this chapter, in regard to the employment of staff, or
 use of providers of goods and services  and  staff  of  such  providers,
 consultants, interns and volunteers.
   §  11.  Paragraph  (a) of subdivision 2 of section 390-a of the social
 services law, as amended by chapter 416 of the laws of 2000, is  amended
 to read as follows:
   (a) review and evaluate the backgrounds of and information supplied by
 any  person  applying  to be a child day care center or school-age child
 care program employee or volunteer or group family day care assistant, a
 provider of family day care or group family day care, or a director of a
 child day care center, head start day care center  or  school-age  child
 care  program  OR  A CONSTRUCTION CONTRACTOR, OR A CONSTRUCTION CONTRAC-
 TOR'S EMPLOYEE WHO SERVICES ANY OF THESE ENTITIES. Such procedures shall
 include but not be limited  to  the  following  requirements:  that  the
 applicant  set forth his or her employment history, provide personal and
 employment references;  submit  such  information  as  is  required  for
 screening  with  the  statewide  central  register  of  child  abuse and
 maltreatment in accordance with the provisions of section  four  hundred
 twenty-four-a  of this article; sign a sworn statement indicating wheth-
 er, to the best of his or  her  knowledge,  he  or  she  has  ever  been
 convicted  of  a  crime  in  this  state  or any other jurisdiction; and
 provide his or her fingerprints for submission to the division of crimi-
 nal justice services in accordance with the provisions of section  three
 hundred  ninety-b of this title.  NOTWITHSTANDING THE PROVISIONS OF THIS
 PARAGRAPH, WHERE A PROGRAM HAS PEOPLE WORKING ON THEIR PREMISES  THROUGH

 S. 5561                             6
 
 A  CONSTRUCTION  CONTRACTOR  AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
 ELEVEN HUNDRED TWENTY-FIVE OF THE EDUCATION LAW  AND  SUCH  CONSTRUCTION
 CONTRACTOR  HAS PROPERLY PERFORMED CHECKS ON ITS EMPLOYEES AS A PROVIDER
 OR  PROVIDER  AGENCY  UNDER  SECTION  FOUR HUNDRED TWENTY-FOUR-A OF THIS
 CHAPTER, THEN SUCH PROGRAM DOES NOT NEED TO RUN THE CHECK ITSELF ON  THE
 CONSTRUCTION CONTRACTOR EMPLOYEES WORKING ON THEIR SITE;
   §  12.  This act shall take effect immediately; provided however that:
 (a) the amendments to paragraph (d) of subdivision 30 of section 305  of
 the  education law made by section four of this act shall not affect the
 repeal of such paragraph and shall be deemed repealed therewith; and (b)
 the amendments to subdivision 3 of section 3035  of  the  education  law
 made by section seven of this act shall be subject to the expiration and
 reversion  of such subdivision, pursuant to section 12 of chapter 147 of
 the laws of 2001, as amended, when upon  such  date  the  provisions  of
 section eight of this act shall take effect.

co-Sponsors

View additional co-sponsors

2021-S5561A (ACTIVE) - Details

See Assembly Version of this Bill:: A6219
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §408-c, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S4862, A7356

2021-S5561A (ACTIVE) - Summary

2021-S5561A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5561A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the education law, in relation to the credentials of
construction contractors hired to perform work on certain school facili-
ties

 
PURPOSE:

To ensure the safety of school children by requiring violent criminal
background checks of construction workers who work at schools.

 
SUMMARY OF PROVISIONS:

A new section 408-c 2 is added to Education Law.

 
JUSTIFICATION:

The requirement of background checks for individuals working with chil-
dren in schools has proven to be an effective measure in preventing the
employment of applicants who should not be in proximity to children due
to prior convictions that reveal justifiable reasons why such an indi-
vidual might pose a threat to the well-being of students.

Construction contractors and their many employees are frequently present
in school facilities. Our school structures are aging and school facili-
ties surveys required by the state have predictably revealed a pressing
need for renovations, expansions or overall improvements to these build-
ings and grounds.

While New York has taken measures to ensure the safety of young school
children by requiring employee background checks, there is presently
nothing in place to perform even a cursory check of the numerous
construction employees who work in school buildings.

Construction workers are not considered school employees and are not
subject to fingerprinting like school staff would be. The reason for
this distinction is because their contact with students is presumed to
be non-existent or so strictly limited as to not pose a danger to
students. However, in the absence of any background check, school
construction jobs can be an opening for some with malevolent motives to
deliberately seek out access to children in this manner. With ill-in-
tent, a presumption of no student contact creates an opportunity for
those who would seek to harm or exploit children.  Certainly, the vast
majority of individuals performing work in our schools are respectable,
hardworking men and women who seek employment in the school construction
sector because these are often decent jobs with a living wage. That, and
with recognizing a more limited contact with students, the checks
required under this legislation are not as extensive as what a school
employee would be subject to. The Transportation Security Adminis-
tration's Transportation Worker Identification Credential (TWIC)
requires a background check that focuses on violent felonies and prior
convictions for crimes that certainly would make one unsuitable for
employment near children.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediate

2021-S5561A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5561--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, BROOKS, GAUGHRAN, KAMINSKY, THOMAS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Children  and  Families  --  committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the education law, in relation to the credentials of
   construction contractors hired  to  perform  work  on  certain  school
   facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section  408-c
 to read as follows:
   § 408-C. CONSTRUCTION OF SCHOOL BUILDINGS AND FACILITIES; CONSTRUCTION
 CONTRACTOR  CREDENTIALS.  ANY  CONSTRUCTION  CONTRACTOR  HIRED TO ERECT,
 REPAIR, ENLARGE OR REMODEL ANY PUBLIC OR PRIVATE SCHOOL  OR  EDUCATIONAL
 FACILITY  SHALL  EMPLOY  INDIVIDUALS  WHO HAVE ACQUIRED A TRANSPORTATION
 WORKER IDENTIFICATION CREDENTIAL CARD ISSUED BY THE TRANSPORTATION SECU-
 RITY ADMINISTRATION TO WORK ON SUCH CONSTRUCTION. FOR  THE  PURPOSES  OF
 THIS  SECTION  "CONSTRUCTION  CONTRACTOR"  SHALL  MEAN ANY INDIVIDUAL OR
 ENTITY SEEKING PERMISSION EITHER THROUGH A BID OR OTHERWISE  TO  PERFORM
 CONSTRUCTION  AND/OR  MAINTENANCE WORK ON BUILDINGS AND FACILITIES OCCU-
 PIED AT ANY POINT BY STUDENTS OF  A  SCHOOL  DISTRICT,  CHARTER  SCHOOL,
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR NONPUBLIC SCHOOL.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07121-03-1

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Senate Bill S5561A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

co-Sponsors

2021-S5561 - Details

2021-S5561 - Summary

2021-S5561 - Sponsor Memo

2021-S5561 - Bill Text download pdf

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2021-S5561A (ACTIVE) - Details

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