§ 99 — Central state registry of security guards

§ 99. Central state registry of security guards. 1. The department\nshall collect information and maintain, on a current basis, a registry\nof all security guards and applicants for registration cards in the\nstate. Such registry shall include, but not be limited to, with respect\nto each security guard or applicant as the case may be, his or her name,\naddress, date of birth, whether a registration card has been issued,\ndenied, suspended or revoked or has expired, and the security guard\ncompany or companies by whom he or she is or has been employed and such\nother information as may in the discretion of the secretary be\nappropriate; provided, however, that in no case shall such registry\ninclude criminal history information.\n 2. Each security guard company as defined in subdivision five of\nsection eighty-nine-f of the general business law which employs security\nguards shall transmit to the department, no later than the fifteenth day\nof January in the year next succeeding the year in which the provisions\nof this section become effective, a list which shall include but not be\nlimited to the name of every security guard employed by such security\nguard company indicating with respect to each security guard his or her\nname, address, date of birth and such other information as may in the\ndiscretion of the secretary be appropriate; provided, however, that in\nno case shall such registry include criminal history information. Each\nsuch security guard company shall thereafter, submit to the department\nthe name of each security guard employed or who has retired or resigned\nor whose employment as a security guard is terminated for any reason, no\nlater than the fifteenth calendar day following such employment,\nretirement, resignation or termination, and, in the instance of newly\nappointed security guards, shall include all the information required to\nbe furnished in the initial listing required by this subdivision. The\ninformation required to be submitted pursuant to this subdivision which\nis required by law to be kept confidential shall be kept confidential\nand all other information shall be released only pursuant to this\nsection.\n 3. The department shall establish rules and regulations to provide for\na permanent system of identification for each security guard or\napplicant as the case may be, which will ensure the security and privacy\nof information contained in the registry and to ensure that such\ninformation is made available only to qualified agencies defined in\nsubdivision nine of section eight hundred thirty-five of this chapter\nand to security guard companies only for the purposes enumerated in\nsubdivision four of this section.\n 4. Notwithstanding any other provision of law, security guard\ncompanies, as defined in subdivision five of section eighty-nine-f of\nthe general business law, shall, upon such terms and conditions as the\ndepartment shall by rules and regulations prescribe, have timely access\nto information contained in the registry, with respect to security\nguards as defined in subdivision six of section eighty-nine-f of the\ngeneral business law or applicants as defined in subdivision nine of\nsection eighty-nine-f of the general business law, who as certified by\nsuch security guard companies making such inquiries are presently\nemployed by or who have applied for employment by such security guard\ncompanies as security guards. Such information shall include but not be\nlimited to employment history and such other information as may in the\ndiscretion of the secretary be appropriate and relevant to the\nemployment of a security guard.\n 5. In the event of failure or refusal to comply with the requirements\nof subdivision two of this section, the secretary may apply to the\nsupreme court for an order directed to the person responsible requiring\ncompliance. Upon such application the court may issue such order as may\nbe just, and a failure to comply with the order of the court shall be a\ncontempt of court and punishable as such.\n 6. Whenever an applicant for or holder of a security guard\nregistration card has been charged with a serious offense as defined by\nsubdivision thirteen of section eighty-nine-f of the general business\nlaw or of a misdemeanor, the division shall notify the department and\nthe department shall notify the security guard company which employs\nsuch applicant or which has filed the application on behalf of such\napplicant of such serious offense or a misdemeanor as provided for in\nparagraph a of subdivision three of section eighty-nine-g of this\narticle.\n 7. In the event that a registration card is not issued within six\nmonths following application therefor, or is not reissued within six\nmonths following the expiration thereof, unless the registration card\nhas been suspended or revoked, the department shall so notify the\ndivision which shall thereupon destroy the set of fingerprints received\nwith the application.\n 8. The department shall continue to maintain in the registry the\ninformation required to be kept pursuant to this article for security\nguards and applicants for a period of not less than five years following\ntheir termination, revocation, resignation, retirement or failure to be\nhired or renewed at which time the department shall purge from the\nregistry such information.\n 9. Saving clause. In case it be judicially determined that any of the\nprovisions of this section is unconstitutional or otherwise invalid,\nsuch determination shall not affect the validity or effect of the\nremaining provisions of this section.\n