§ 89-G — Employment of security guards

§ 89-g. Employment of security guards. 1. Except as provided in this\nsection and section eighty-nine-w of this article, no security guard\ncompany shall knowingly employ a person as a security guard and no\nperson shall be employed as a security guard or act as a security guard\nunless:\n a. The security guard company has verified with the department that\nsuch person possesses a valid registration card which has not expired or\nbeen revoked or suspended; or\n b. Such security guard company has filed with the department in a\nmanner prescribed by rules and regulations promulgated by the\ndepartment, by certified mail:\n (i) An application for a registration card completed and sworn to by\nsuch person pursuant to subdivision one of section eighty-nine-h of this\narticle;\n (ii) A certification by the security guard company that it has\nexercised due diligence to verify as true the information contained in\nsuch person's application;\n (iii) A certification that such person has completed the preassignment\ntraining required by subdivision two of section eighty-nine-h of this\narticle;\n (iv) Two photographs of such person taken within thirty days prior to\nthe filing of the application of a size prescribed by the secretary and\ntwo sets of fingerprints of such person. The fingerprints shall be taken\non a standard fingerprint card approved by the division; and\n (v) The fees prescribed by subdivision ten of section eighty-nine-h of\nthis article.\n 2. It shall be incumbent upon each security guard company to exercise\ndue diligence in verifying that the information contained in every\napplication for a registration card it files with the department is true\nprovided, however, the secretary shall, upon consultation with the\nsecurity guard advisory council, promulgate rules and regulations to\nspecify the minimum due diligence required to be exercised by such\ncompanies in order to verify the information required pursuant to\nsubdivisions five and seven of section eighty-nine-h of this article.\n 3. Except as provided in section seven hundred fifty-two of the\ncorrection law, no security guard company shall knowingly employ to\nperform security guard functions, any individual:\n a. who has been convicted of a serious offense, or of a misdemeanor in\nthe state or of any offense in any other jurisdiction which, if\ncommitted in this state, would constitute a misdemeanor, and which, in\nthe discretion of the secretary, bears such a relationship to the\nperformance of the duties of a security guard, as to constitute a bar to\nemployment; or\n b. who in any jurisdiction has been denied authorization to perform\nsecurity guard functions or whose authorization to perform security\nguard functions has been suspended or revoked on grounds which would\nconstitute a basis for denying, suspending or revoking a registration\ncard in this state.\n 4. For each security guard employed by a security guard company as of\nthe effective date of this section such security guard company shall at\na time assigned by the secretary, pursuant to a staggered schedule,\ncomply with the provisions of paragraphs a and b of subdivision one of\nthis section and the provisions of section eighty-nine-n of this\narticle. Until the assigned filing date, such security guard company may\ncontinue to employ such person to perform security guard functions. No\nsecurity guard company may employ such person after the assigned filing\ndate which has not complied with the provisions of paragraphs a and b of\nsubdivision one of this section with respect to such person.\n 5. Within fifteen calendar days following the employment, retirement,\nresignation or termination of a security guard by a security guard\ncompany, such company shall give the department written notice thereof\non a form prescribed by the department.\n 6. Insurance requirements. All security guard companies which are\nself-insured shall file with the department a certificate of insurance\nevidencing comprehensive general liability coverage from an insurance\ncompany licensed to do business in this state or procured by a duly\nlicensed excess line broker pursuant to section two thousand one hundred\neighteen of the insurance law for death and personal injury, which\ncoverage shall include false arrest or false imprisonment, malicious\nprosecution, libel, slander, and violation of right of privacy, in the\nminimum amount of one hundred thousand dollars per occurrence and three\nhundred thousand dollars in the aggregate which amount shall be\navailable for the payment of claims. The certificate shall provide that\nthe insurance shall not be modified or cancelled unless thirty days\nprior notice shall be given to the department. After the effective date\nof this article, no security guard company shall knowingly have in its\nemploy a security guard unless such coverage is in force and such\ncertificate is filed with the department.\n 7. Every security guard company shall maintain for each security guard\nit employs, and for a period of one year following the retirement,\nresignation or termination of such security guard's employment a copy of\nthe application for a registration card, proof of due diligence to\nverify the information therein contained, one photograph and training\nrecords, after which year the security guard company shall cause all\nsuch records and documents to be destroyed.\n 8. All security guard companies, except those security guard companies\nwhich employ such guards solely for their own proprietary use, shall be\nsubject to the enforcement provisions contained in article seven of this\nchapter; provided, however, that whenever the secretary of state shall\nhave reason to believe that any security guard company has hired or\nintends to hire an unlicensed security guard in violation of this\narticle, the secretary may bring an action in supreme court to enjoin\nthe employment of unlicensed security guards in violation of this\narticle or for an order directing the security guard company to remedy\nthe violation.\n 9. No registered security guard shall accept or continue in employment\nwith a security guard company upon notice of determination from the\ndepartment that such employer has (a) violated the provisions of this\narticle or the rules and regulations promulgated pursuant thereto, or\n(b) has engaged in fraud, deceit or misrepresentation.\n 10. All security guard companies shall maintain books and records of\nemployees who are security guards and shall, upon request, make such\nbooks and records available to the secretary of state.\n