2023 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been revoked or suspended; or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.