New York S 2123: Requires background checks and fingerprinting of certain construction contractors

Bill Text

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S02123 Summary:

BILL NOS02123 

&nbsp

SAME ASSAME AS A10099

&nbsp

SPONSORMARTINEZ

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§1125, 305 & 3035, Ed L; amd §§424-a & 390-a, Soc Serv L

&nbsp

Requires background checks and fingerprinting of certain construction contractors working in school facilities; requires the contractors to run such background checks.

Go to top S02123 Actions:

BILL NOS02123 

&nbsp

01/15/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS02123 Committee&nbspVotes:

Go to topS02123 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02123 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2123

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 Introduced by Sen. MARTINEZ -- 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:

 1 Section 1. Subdivision 3 of section 1125 of the education law, as
 2 amended by chapter 363 of the laws of 2018, is amended to read as
 3 follows:
 4 3. "Employee" shall mean any person: (i) who is receiving compensation
 5 from a school or (ii) whose duties involve direct student contact and
 6 (a) who is receiving compensation from any person or entity that
 7 contracts with a school to provide transportation services to children,
 8 or (b) who is an employee of a contracted service provider or worker
 9 placed within the school under a public assistance employment program,
 10 pursuant to title nine-B of article five of the social services law, or
 11 (c) who is receiving compensation from any construction contractor, and
 12 consistent with the provisions of such title for the provision of
 13 services to such school, its students or employees, directly or through
 14 contract.
 15 § 2. Paragraph (a) of subdivision 30 of section 305 of the education
 16 law, as amended by chapter 630 of the laws of 2006, is amended to read
 17 as follows:
 18 (a) The commissioner, in cooperation with the division of criminal
 19 justice services and in accordance with all applicable provisions of
 20 law, shall promulgate rules and regulations to require the fingerprint-
 21 ing of prospective employees, as defined in section eleven hundred twen-
 22 ty-five of this chapter, of school districts, charter schools [and],
 23 boards of cooperative educational services, and construction contractors
 24 and authorizing the fingerprinting of prospective employees of nonpublic

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03083-01-5

 S. 2123 2

 1 and private elementary and secondary schools, and for the use of infor-
 2 mation derived from searches of the records of the division of criminal
 3 justice services and the federal bureau of investigation based on the
 4 use of such fingerprints. The commissioner shall also develop a form for
 5 use by school districts, charter schools, boards of cooperative educa-
 6 tional services, construction contractors, and nonpublic and private
 7 elementary and secondary schools in connection with the submission of
 8 fingerprints that contains the specific job title sought or the
 9 construction or maintenance project on which the individual will be
 10 working, and any other information that may be relevant to consideration
 11 of the applicant. The commissioner shall also create or expand the
 12 functionality of internet based systems to provide access to
 13 construction contractors upon application of the construction contractor
 14 to the commissioner to enable them to be able to review fingerprint
 15 results and subsequent arrest notifications based on the fingerprint and
 16 background check data by logging into a protected web portal, entering
 17 in the employee name and social security number, which would provide
 18 access to see the fingerprint results. The commissioner shall also