BILL NUMBER:A10855
TITLE OF BILL:
An act to amend the general business law, in relation to the employment
of security guards
PURPOSE OF THE BILL:
The purpose of this bill is to ensure that no person is employed as a
security guard pending completion of a criminal background check.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend General Business Law (GBL) § 89-g(1)
to remove a provision allowing for temporary hiring of security guards
during the pendency of a criminal background check.
Section 2 of the bill would amend GBL § 89-g(4) to make conforming
changes to that subdivision.
Section 3 of the bill would make it effective immediately.
EXISTING LAW:
GBL Article 7-A requires individuals intending to work as a security
S T A T E O F N E W Y O R K
________________________________________________________________________
10855
I N A S S E M B L Y
April 26, 2010
___________
Introduced by M. of A. SCHIMMINGER, PAULIN, GALEF -- Multi-Sponsored by
-- M. of A. HIKIND, KOON, McENENY, REILLY -- (at request of the
Department of State) -- read once and referred to the Committee on
Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the general business law, in relation to the employment
of security guards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 89-g of the general business law,
as added by chapter 336 of the laws of 1992, the opening paragraph as
amended by chapter 634 of the laws of 1994, is amended to read as
follows:
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] 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expired or been revoked or suspended[; or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 depart-
ment, 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 exer-
cised 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15643-01-0
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