NY Gen Bus L § 89-G (2021)
2021 New York Laws GBS - General Business Article 7-A - Security Guard Act 89-G - Employment of Security Guards.

§  89-g.  Employment of security guards. 1. Except as provided in this section and section eighty-nine-w of this  article,  no  security  guard company  shall  knowingly  employ  a  person  as a security guard and no person shall be employed as a security guard or act as a security  guard unless:   a.  The  security  guard company has verified with the department that such person possesses a valid registration card which has not expired or been revoked or suspended; or   b. Such security guard company has filed  with  the  department  in  a manner   prescribed   by   rules  and  regulations  promulgated  by  the department, by certified mail:  (i) An application for a registration card completed and sworn  to  by such person pursuant to subdivision one of section eighty-nine-h of this article;  (ii)  A  certification  by  the  security  guard  company  that it has exercised due diligence to verify as true the information  contained  in such person's application;  (iii) A certification that such person has completed the preassignment training  required  by  subdivision two of section eighty-nine-h of this article;  (iv) Two photographs of such person taken within thirty days prior  to the  filing of the application of a size prescribed by the secretary and two sets of fingerprints of such person. The fingerprints shall be taken on a standard fingerprint card approved by the division; and  (v) The fees prescribed by subdivision ten of section eighty-nine-h of this article.   2. It shall be incumbent upon each security guard company to  exercise due  diligence  in  verifying  that  the  information contained in every application for a registration card it files with the department is true provided, however, the  secretary  shall,  upon  consultation  with  the security  guard  advisory  council,  promulgate rules and regulations to specify the minimum due diligence  required  to  be  exercised  by  such companies  in  order  to  verify  the  information  required pursuant to subdivisions five and seven of section eighty-nine-h of this article.   3. Except as provided  in  section  seven  hundred  fifty-two  of  the correction  law,  no  security  guard  company shall knowingly employ to perform security guard functions, any individual:   a. who has been convicted of a serious offense, or of a misdemeanor in the state or  of  any  offense  in  any  other  jurisdiction  which,  if committed  in  this state, would constitute a misdemeanor, and which, in the discretion of the  secretary,  bears  such  a  relationship  to  the performance of the duties of a security guard, as to constitute a bar to employment; or   b.  who  in  any jurisdiction has been denied authorization to perform security guard functions or  whose  authorization  to  perform  security guard  functions  has  been  suspended or revoked on grounds which would constitute a basis for denying, suspending or  revoking  a  registration card in this state.   4.  For each security guard employed by a security guard company as of the effective date of this section such security guard company shall  at a  time  assigned  by  the  secretary, pursuant to a staggered schedule, comply with the provisions of paragraphs a and b of subdivision  one  of this  section  and  the  provisions  of  section  eighty-nine-n  of this article. Until the assigned filing date, such security guard company may continue to employ such person to perform security guard  functions.  No security  guard company may employ such person after the assigned filing date which has not complied with the provisions of paragraphs a and b of subdivision one of this section with respect to such person.    5. Within fifteen calendar days following the employment,  retirement, resignation  or  termination  of  a  security  guard by a security guard company, such company shall give the department written  notice  thereof on a form prescribed by the department.   6.  Insurance  requirements.  All  security  guard companies which are self-insured shall file with the department a certificate  of  insurance evidencing  comprehensive  general  liability coverage from an insurance company licensed to do business in this state  or  procured  by  a  duly licensed excess line broker pursuant to section two thousand one hundred eighteen  of  the  insurance  law  for  death and personal injury, which coverage shall include false arrest  or  false  imprisonment,  malicious prosecution,  libel,  slander, and violation of right of privacy, in the minimum amount of one hundred thousand dollars per occurrence and  three hundred  thousand  dollars  in  the  aggregate  which  amount  shall  be available for the payment of claims. The certificate shall provide  that the  insurance  shall  not  be  modified or cancelled unless thirty days prior notice shall be given to the department. After the effective  date of  this  article, no security guard company shall knowingly have in its employ a security guard unless  such  coverage  is  in  force  and  such certificate is filed with the department.   7. Every security guard company shall maintain for each security guard it  employs,  and  for  a  period  of one year following the retirement, resignation or termination of such security guard's employment a copy of the application for a registration  card,  proof  of  due  diligence  to verify  the  information  therein contained, one photograph and training records, after which year the security guard  company  shall  cause  all such records and documents to be destroyed.   8. All security guard companies, except those security guard companies which  employ such guards solely for their own proprietary use, shall be subject to the enforcement provisions contained in article seven of this chapter; provided, however, that whenever the secretary of  state  shall have  reason  to  believe  that  any security guard company has hired or intends to hire an  unlicensed  security  guard  in  violation  of  this article,  the  secretary  may bring an action in supreme court to enjoin the employment of  unlicensed  security  guards  in  violation  of  this article  or  for an order directing the security guard company to remedy the violation.   9. No registered security guard shall accept or continue in employment with a security guard company upon  notice  of  determination  from  the department  that  such  employer has (a) violated the provisions of this article or the rules and regulations promulgated  pursuant  thereto,  or (b) has engaged in fraud, deceit or misrepresentation.   10.  All  security guard companies shall maintain books and records of employees who are security guards and shall,  upon  request,  make  such books and records available to the secretary of state.