N.Y. Executive Law § 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.