Security Legislation News – New York
From: Bruce Hulme, ISPLA Director of Government Affairs
To: Contract Security Industry and Stakeholders
We have been advised that the legislation offered below is at the request of SEIU, 32 BJ. Note provisions concerning NYS contracts for security services over $500K; OJT provisions increased to 40 hours within 90 days following employment; which shall cover observation, detection and reporting skills, coordination with local police, fire and emergency services skills, in working with advanced security technology including surveillance and access control procedures, and at least 3 hours of training devoted to terrorism awareness. The entity employing the security guard shall compensate security guard for all hours while in attendance at his or her regular hourly wage or, if applicable, overtime rate. Violation of provisions may result in revocation or suspension of license or fine not exceeding $10,000 per violation or occurrence, or reprimand or denial of license renewal.
ISPLA is a singularly focused voice protecting our profession by proactively working with members of state and federal legislators, regulators, and other governmental agencies. Its dues are used for the administration of its political action committee with the specific purpose of lobbying on legislative and regulatory issues – nothing else. Fighting ill-conceived legislation and regulation is our only mission! We invite you to join us. Go to: www.ISPLA.org
April 9, 2010
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A10554 Text:
S T A T E O F N E W Y O R K
________________________________________________________________________
10554
I N A S S E M B L Y
April 7, 2010
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the state finance law and the general business law, in relation to the purchase of security services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 165 of the state finance law is amended by adding a
2 new subdivision 9 to read as follows:
3 9. SPECIAL PROVISIONS REGARDING THE PURCHASING OF SECURITY SERVICES.
4 A. WHENEVER THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVI-
5 SION OR PUBLIC BENEFIT CORPORATION OF THE STATE ENTERS INTO A CONTRACT
6 IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS TO PURCHASE SECURITY SERVICES
7 FROM ANY PRIVATE INVESTIGATOR, OR WATCH, GUARD OR PATROL AGENCY, OR
8 SECURITY GUARD COMPANY, THE CONTRACT SHALL PROVIDE THAT THE ENTITY
9 PROVIDING THE SECURITY SERVICES SHALL ENSURE THAT EACH SECURITY GUARD
10 WHO PERFORMS SERVICES UNDER THE CONTRACT COMPLETES A TRAINING PROGRAM
11 CERTIFIED BY THE DEPARTMENT OF HOMELAND SECURITY PURSUANT TO PARAGRAPH
12 (R) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED NINE OF THE EXECUTIVE
13 LAW WITHIN NINETY WORKING DAYS FOLLOWING EMPLOYMENT, AND THAT SUCH
14 TRAINING SHALL BE PROVIDED AT NO COST TO THE SECURITY GUARDS.
15 B. EXCEPT IN THE CASE OF CONTRACTS IN THE AMOUNT OF FIVE HUNDRED THOU-
16 SAND DOLLARS OR LESS, EVERY BID, PROPOSAL, OR OTHER RESPONSE TO A SOLIC-
17 ITATION FOR BID OR PROPOSAL FOR SECURITY SERVICES TO BE PROVIDED TO THE
18 STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION OR PUBLIC
19 BENEFIT CORPORATION OF THE STATE SHALL BE DEEMED NON-RESPONSIVE UNLESS
20 THE PERSON OR ENTITY SUBMITTING THE BID ESTABLISHES THAT IT HAS THE
21 CAPACITY TO PROVIDE THE NECESSARY TRAINING TO EACH SECURITY OFFICER
22 PERFORMING SERVICES UNDER THE CONTRACT.
23 C. WHENEVER THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL SUBDIVI-
24 SION OR PUBLIC BENEFIT CORPORATION OF THE STATE ENTERS INTO A CONTRACT
25 IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS TO PURCHASE SECURITY SERVICES
26 FROM ANY PRIVATE INVESTIGATOR, OR WATCH, GUARD OR PATROL AGENCY, OR
27 SECURITY GUARD COMPANY, THE CONTRACT SHALL PROVIDE THAT THE ENTITY
28 PROVIDING THE SECURITY SERVICES SHALL FURNISH A PERFORMANCE BOND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16779-02-0
A. 10554 2
1 EXECUTED BY A SURETY AUTHORIZED TO DO BUSINESS IN THE STATE, OR THE
2 EQUIVALENT IN CASH. THE PERFORMANCE BOND SHALL BE IN AN AMOUNT ADEQUATE
3 TO ENSURE THE PROTECTION OF THE GOVERNMENT, BUT SHALL BE NO LESS THAN
4 FIFTY PERCENT OF THE AMOUNT PAYABLE UNDER THE CONTRACT.
5 S 2. The opening paragraph of subdivision 1 of section 79 of the
6 general business law, as amended by chapter 336 of the laws of 1992, is
7 amended to read as follows:
8 The department of state shall have the power to revoke or suspend any
9 license, or in lieu thereof to impose a fine not exceeding [one] TEN
10 thousand dollars PER VIOLATION OR OCCURRENCE payable to the department
11 of state, or reprimand any licensee or deny an application for a license
12 or renewal thereof upon proof:
13 S 3. Paragraph b of subdivision 1 of section 89-n of the general busi-
14 ness law, as amended by chapter 634 of the laws of 1994, is amended to
15 read as follows:
16 b. an on-the-job training course to be completed within ninety working
17 days following employment, consisting of a minimum of [sixteen hours and
18 a maximum of] forty hours, [as determined by the council, generally
19 relating to the security guard's specific duties, the nature of the work
20 place and the requirements of the security guard company] WHICH SHALL
21 COVER OBSERVATION, DETECTION AND REPORTING SKILLS; COORDINATION WITH
22 LOCAL POLICE, FIRE AND EMERGENCY SERVICES SKILLS; IN WORKING WITH
23 ADVANCED SECURITY TECHNOLOGY INCLUDING SURVEILLANCE AND ACCESS CONTROL
24 PROCEDURES; AND AT LEAST THREE HOURS OF TRAINING DEVOTED TO TERRORISM
25 AWARENESS. THE ENTITY EMPLOYING THE SECURITY GUARD SHALL COMPENSATE THE
26 SECURITY GUARD FOR ALL HOURS OF ATTENDANCE AT THE TRAINING COURSE AT NO
27 LESS THAN THE SECURITY GUARD'S REGULAR HOURLY WAGE, OR THE OVERTIME
28 RATE, IF APPLICABLE;
29 S 4. This act shall take effect immediately.