NY Exec L § 99 (2021)
2021 New York Laws EXC - Executive Article 6 - Department of State 99 - Central State Registry of Security Guards.

§ 99. Central  state  registry  of  security guards. 1. The department   shall collect information and maintain, on a current basis,  a  registry   of  all  security  guards  and  applicants for registration cards in the   state. Such registry shall include, but not be limited to, with  respect   to each security guard or applicant as the case may be, his or her name,   address,  date  of  birth,  whether a registration card has been issued,   denied, suspended or revoked or has  expired,  and  the  security  guard   company  or companies by whom he or she is or has been employed and such   other  information  as  may  in  the  discretion  of  the  secretary  be   appropriate;  provided,  however,  that  in  no case shall such registry   include criminal history information.2. Each security guard company  as  defined  in  subdivision  five  of   section eighty-nine-f of the general business law which employs security   guards shall transmit to the department, no later than the fifteenth day   of  January in the year next succeeding the year in which the provisions   of this section become effective, a list which shall include but not  be   limited  to  the  name of every security guard employed by such security   guard company indicating with respect to each security guard his or  her   name,  address,  date  of birth and such other information as may in the   discretion of the secretary be appropriate; provided, however,  that  in   no  case  shall such registry include criminal history information. Each   such security guard company shall thereafter, submit to  the  department   the  name of each security guard employed or who has retired or resigned   or whose employment as a security guard is terminated for any reason, no   later  than  the  fifteenth  calendar  day  following  such  employment,   retirement,  resignation  or  termination, and, in the instance of newly   appointed security guards, shall include all the information required to   be furnished in the initial listing required by  this  subdivision.  The   information  required to be submitted pursuant to this subdivision which   is required by law to be kept confidential shall  be  kept  confidential   and  all  other  information  shall  be  released  only pursuant to this   section.3. The department shall establish rules and regulations to provide for   a  permanent  system  of  identification  for  each  security  guard  or   applicant as the case may be, which will ensure the security and privacy   of  information  contained  in  the  registry  and  to  ensure that such   information is made available only  to  qualified  agencies  defined  in   subdivision  nine  of  section eight hundred thirty-five of this chapter   and to security guard companies only  for  the  purposes  enumerated  in   subdivision four of this section.4.   Notwithstanding  any  other  provision  of  law,  security  guard   companies, as defined in subdivision five of  section  eighty-nine-f  of   the  general  business law, shall, upon such terms and conditions as the   department shall by rules and regulations prescribe, have timely  access   to  information  contained  in  the  registry,  with respect to security   guards as defined in subdivision six of  section  eighty-nine-f  of  the   general  business  law  or  applicants as defined in subdivision nine of   section eighty-nine-f of the general business law, who as  certified  by   such  security  guard  companies  making  such  inquiries  are presently   employed by or who have applied for employment by  such  security  guard   companies  as security guards. Such information shall include but not be   limited to employment history and such other information as may  in  the   discretion   of  the  secretary  be  appropriate  and  relevant  to  the   employment of a security guard.5. In the event of failure or refusal to comply with the  requirements   of  subdivision  two  of  this  section,  the secretary may apply to the   supreme court for an order directed to the person responsible  requiring   compliance.  Upon such application the court may issue such order as may    be just, and a failure to comply with the order of the court shall be  a   contempt of court and punishable as such.6.   Whenever   an  applicant  for  or  holder  of  a  security  guard   registration card has been charged with a serious offense as defined  by   subdivision  thirteen  of  section eighty-nine-f of the general business   law or of a misdemeanor, the division shall notify  the  department  and   the  department  shall  notify  the security guard company which employs   such applicant or which has filed the  application  on  behalf  of  such   applicant  of  such  serious offense or a misdemeanor as provided for in   paragraph a of  subdivision  three  of  section  eighty-nine-g  of  this   article.7.  In  the  event  that  a registration card is not issued within six   months following application therefor, or is  not  reissued  within  six   months  following  the  expiration thereof, unless the registration card   has been suspended or  revoked,  the  department  shall  so  notify  the   division  which shall thereupon destroy the set of fingerprints received   with the application.8. The department shall continue  to  maintain  in  the  registry  the   information  required  to  be kept pursuant to this article for security   guards and applicants for a period of not less than five years following   their termination, revocation, resignation, retirement or failure to  be   hired  or  renewed  at  which  time  the department shall purge from the   registry such information.9. Saving clause. In case it be judicially determined that any of  the   provisions  of  this  section  is unconstitutional or otherwise invalid,   such determination shall not  affect  the  validity  or  effect  of  the   remaining provisions of this section.