S T A T E O F N E W Y O R K
________________________________________________________________________
8070
2009-2010 Regular Sessions
I N A S S E M B L Y
May 4, 2009
___________
Introduced by M. of A. CUSICK, EDDINGTON, WRIGHT, KELLNER, PERALTA --
Multi-Sponsored by -- M. of A. BOYLAND, MAISEL, TOBACCO, WEISENBERG --
read once and referred to the Committee on Economic Development, Job
Creation, Commerce and Industry
AN ACT to amend the general business law and the executive law, in
relation to the licensing of security guards and the business of
watch, guard and patrol agencies and the registry thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 89-p of the general business law, as added by chap-
ter 336 of the laws of 1992, is amended to read as follows:
S 89-p. Violations and penalties. Any person who is employed as a
security guard or who acts as a security guard in violation of the
provisions of section eighty-nine-g of this article or WHO IS EMPLOYED
AS A SECURITY GUARD IN THE CITY OF NEW YORK IN VIOLATION OF SECTION
EIGHTY-NINE-R-1 OF THIS ARTICLE OR RULES PROMULGATED BY THE POLICE
COMMISSIONER OF SUCH CITY PURSUANT TO SUCH SECTION OR who knowingly and
wilfully makes material misstatements in the application for or renewal
of his or her registration card OR THE LICENSE ISSUED BY THE POLICE
COMMISSIONER OF THE CITY OF NEW YORK PURSUANT TO SECTION EIGHTY-NINE-R-1
OF THIS ARTICLE or who permits or authorizes the employment of a person
as a security guard in violation of the provisions of section eighty-
nine-g of this article OR OF SECTION EIGHTY-NINE-R-1 OF THIS ARTICLE OR
RULES PROMULGATED BY THE POLICE COMMISSIONER OF SUCH CITY PURSUANT TO
SUCH SECTION or any security guard company which employs a security
guard in violation of the provisions of section eighty-nine-g of this
article OR OF SECTION EIGHTY-NINE-R-1 OF THIS ARTICLE OR RULES PROMUL-
GATED BY THE POLICE COMMISSIONER OF SUCH CITY PURSUANT TO SUCH SECTION
shall be guilty of a misdemeanor which, upon conviction, shall be
punishable by a term of imprisonment not to exceed six months, or by a
fine of not more than one thousand dollars, or by both such fine and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11536-01-9
A. 8070 2
imprisonment upon the first conviction and by a term of imprisonment not
to exceed one year or by a fine of not less than one thousand dollars
and not to exceed two thousand five hundred dollars or by both such fine
and imprisonment upon a subsequent conviction. Any person who shall
knowingly and wilfully fail to surrender his or her registration card as
required by subdivision seven of section eighty-nine-l of this article
OR HIS OR HER LICENSE PURSUANT TO RULES PROMULGATED BY THE POLICE
COMMISSIONER OF SUCH CITY PURSUANT TO SECTION EIGHTY-NINE-R-1 OF THIS
ARTICLE shall be guilty of a violation punishable by a fine not to
exceed two hundred fifty dollars in addition to any other penalty
prescribed by law. Each violation of this article shall be deemed a
separate offense.
S 2. Section 89-r of the general business law, as amended by chapter
634 of the laws of 1994, is amended to read as follows:
S 89-r. Preemption. [The] EXCEPT AS PROVIDED IN SECTION
EIGHTY-NINE-R-1 OF THIS ARTICLE, THE provisions of this article shall
govern notwithstanding any other law to the contrary and further, no
local law shall be enacted which shall require any fee or license for
the licensure [of] OR registration [or] OF security guards.
S 3. The general business law is amended by adding a new section
89-r-1 to read as follows:
S 89-R-1. LICENSURE IN THE CITY OF NEW YORK. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, IN THE CITY OF NEW YORK, THE POLICE
COMMISSIONER OF SUCH CITY SHALL BE AUTHORIZED TO PRESCRIBE BY RULE
LICENSURE, REGISTRATION AND TRAINING REQUIREMENTS, WHICH MAY DIFFER FROM
THE DEFINITIONS AND REQUIREMENTS OTHERWISE SPECIFIED IN THIS ARTICLE, AS
A CONDITION OF EMPLOYMENT OF SECURITY GUARDS WITHIN SUCH CITY AT PREM-
ISES LICENSED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW FOR
ON-PREMISES CONSUMPTION OR AT PREMISES WHICH ARE DETERMINED BY THE
POLICE COMMISSIONER TO CONSTITUTE OR TO INCLUDE CRITICAL INFRASTRUCTURE
AND/OR KEY RESOURCES.
1. FOR PURPOSES OF THIS SECTION, CRITICAL INFRASTRUCTURE SHALL MEAN
SYSTEMS AND ASSETS, WHETHER PHYSICAL OR VIRTUAL, SO VITAL TO THE CITY OF
NEW YORK, THE STATE OR THE UNITED STATES THAT THE INCAPACITY OR
DESTRUCTION OF SUCH SYSTEMS AND ASSETS WOULD HAVE A DEBILITATING IMPACT
ON SECURITY, ECONOMIC SECURITY, PUBLIC HEALTH OR SAFETY, OR ANY COMBINA-
TION OF THOSE MATTERS, AND KEY RESOURCES SHALL MEAN PUBLICLY OR PRIVATE-
LY CONTROLLED RESOURCES ESSENTIAL TO THE MINIMAL OPERATIONS OF THE ECON-
OMY AND GOVERNMENT, PROVIDED THAT CRITICAL INFRASTRUCTURE AND/OR KEY
RESOURCES SHALL BE PRESUMED NOT TO INCLUDE A RETAIL MERCANTILE ESTAB-
LISHMENT AS THAT TERM IS DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF
THIS CHAPTER, EXCEPT FOR THOSE ESTABLISHMENTS HOUSED WITHIN PREMISES
DEFINED AS CRITICAL INFRASTRUCTURE AND/OR KEY RESOURCES UNDER THIS
SECTION.
2. IN THE CITY OF NEW YORK, 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 AT PREMISES LICENSED PURSUANT
TO THE ALCOHOLIC BEVERAGE CONTROL LAW FOR ON-PREMISES CONSUMPTION OR AT
PREMISES WHICH HAVE BEEN DETERMINED BY THE POLICE COMMISSIONER OF THE
CITY OF NEW YORK TO CONSTITUTE OR TO INCLUDE CRITICAL INFRASTRUCTURE
AND/OR KEY RESOURCES UNLESS SUCH PERSON HAS BEEN LICENSED AS A SECURITY
GUARD OR OTHERWISE APPROVED FOR SUCH EMPLOYMENT BY THE POLICE COMMIS-
SIONER PURSUANT TO THIS SECTION.
3. WITH RESPECT TO SECURITY GUARDS LICENSED PURSUANT TO THIS SECTION,
ONLY THE FOLLOWING PROVISIONS OF THIS ARTICLE SHALL APPLY IN ADDITION TO
THIS SECTION: SUBDIVISIONS SIX, EIGHT, NINE AND TEN OF SECTION
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EIGHTY-NINE-G, AND SECTIONS EIGHTY-NINE-F, EIGHTY-NINE-J, EIGHTY-NINE-P,
EIGHTY-NINE-Q AND EIGHTY-NINE-R OF THIS ARTICLE, PROVIDED THAT ANY
REFERENCE TO A REGISTERED SECURITY GUARD IN SUBDIVISION NINE OF SECTION
EIGHTY-NINE-G OF THIS ARTICLE SHALL BE DEEMED TO INCLUDE A SECURITY
GUARD LICENSED PURSUANT TO THIS SECTION.
4. THE POLICE COMMISSIONER OF THE CITY OF NEW YORK MAY EXERCISE THE
AUTHORITY GRANTED PURSUANT TO THIS SECTION TO DESIGN AND/OR APPROVE
TRAINING COURSES, CONDUCT TRAINING COURSES, EVALUATE AND APPROVE OR
DISAPPROVE SECURITY GUARD TRAINING SCHOOLS OR ENTITIES WHICH PROVIDE
SECURITY GUARD TRAINING, AND PRESCRIBE TRAINING REQUIREMENTS SPECIF-
ICALLY RELATED TO THE DUTIES PERFORMED BY SUCH SECURITY GUARDS.
5. IN FURTHERANCE OF THE EXERCISE OF THE AUTHORITY GRANTED PURSUANT TO
THIS SECTION, AND IN ORDER TO ASCERTAIN ANY PREVIOUS CRIMINAL RECORD OF
APPLICANTS FOR SECURITY GUARD LICENSES PURSUANT TO THIS SECTION, THE
POLICE COMMISSIONER OF THE CITY OF NEW YORK SHALL BE AUTHORIZED TO
TRANSMIT TO THE DIVISION TWO SETS OF FINGERPRINTS AND THE FEES REQUIRED
BY THE DIVISION FOR A SEARCH OF CRIMINAL RECORDS. A SEARCH OF THE FILES
OF THE DIVISION AND WRITTEN NOTIFICATION OF THE RESULTS OF THE SEARCH TO
SUCH POLICE COMMISSIONER SHALL BE MADE WITHOUT UNNECESSARY DELAY. THE
DIVISION SHALL FORWARD A SET OF FINGERPRINTS TO THE FEDERAL BUREAU OF
INVESTIGATION WITH A REQUEST THAT THE FILES OF THE BUREAU BE SEARCHED
AND NOTIFICATION OF THE RESULTS OF THE SEARCH BE MADE TO SUCH POLICE
COMMISSIONER.
6. 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 AT PREMISES WITHIN THE CITY OF NEW YORK
REQUIRING SECURITY GUARDS LICENSED PURSUANT TO THIS SECTION, ANY INDI-
VIDUAL:
A. WHO HAS BEEN CONVICTED OF A CRIME, AS DEFINED IN SECTION 10.00 OF
THE PENAL LAW, IN THIS STATE OR OF ANY OFFENSE IN ANY OTHER JURISDICTION
WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE A CRIME, WHERE, IN
THE DISCRETION OF THE POLICE COMMISSIONER OF THE CITY OF NEW YORK, SUCH
CRIME OR OFFENSE 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 OR A LICENSE ISSUED PURSUANT TO THIS SECTION IN THIS STATE.
7. A LICENSE ISSUED BY THE POLICE COMMISSIONER OF THE CITY OF NEW YORK
PURSUANT TO THIS SECTION SHALL BE GIVEN FULL FORCE AND EFFECT THROUGHOUT
THE STATE AND SHALL BE DEEMED TO SATISFY THE REQUIREMENTS OF THIS ARTI-
CLE WITH RESPECT TO THE LICENSURE AND REGISTRATION OF SECURITY GUARDS,
EXCEPT THAT SUCH LICENSE SHALL NOT BE DEEMED TO SATISFY THE REQUIREMENTS
OF THIS ARTICLE WITH RESPECT TO ISSUANCE OF A SPECIAL ARMED GUARD REGIS-
TRATION CARD UNLESS SUCH LICENSE CONTAINS A CERTIFICATION TO THAT
EFFECT.
8. THE POLICE COMMISSIONER OF THE CITY OF NEW YORK MAY TAKE ALL NECES-
SARY AND APPROPRIATE STEPS IN THE FURTHERANCE OF THE AUTHORITY GRANTED
PURSUANT TO THIS SECTION, INCLUDING SUSPENSION, REVOCATION AND REISSU-
ANCE OF LICENSES, AND MAY ESTABLISH FEES AND PROMULGATE RULES AS NECES-
SARY AND APPROPRIATE TO ACCOMPLISH THE PURPOSES OF THIS SECTION. SUCH
RULES MAY INCLUDE REQUIREMENTS AFFECTING SECURITY GUARD COMPANIES
EMPLOYING SECURITY GUARDS LICENSED PURSUANT TO THIS SECTION AS NECESSARY
TO EFFECTUATE THE PURPOSES OF THIS SECTION, INCLUDING BUT NOT LIMITED TO
RECORDKEEPING, SUBMISSION AND/OR VERIFICATION OF REQUIRED INFORMATION,
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AVAILABILITY OF RECORDS FOR INSPECTION, AND NOTIFICATION REQUIREMENTS.
SUCH POLICE COMMISSIONER MAY ALSO REQUEST AND RECEIVE INFORMATION FROM
THE DEPARTMENT AS NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS SECTION.
S 4. Subdivisions 1, 4 and 6 of section 99 of the executive law, as
added by chapter 336 of the laws of 1992, are amended to read as
follows:
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, WHICH SHALL INCLUDE SECURITY GUARDS LICENSED BY THE
POLICE COMMISSIONER OF THE CITY OF NEW YORK AND APPLICANTS FOR SUCH
LICENSES PURSUANT TO SECTION EIGHTY-NINE-R-1 OF THE GENERAL BUSINESS
LAW. 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 OR LICENSE 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.
4. Notwithstanding any other provision of law, security guard compa-
nies, 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, SECURITY GUARDS
LICENSED PURSUANT TO SECTION EIGHTY-NINE-R-1 OF THE GENERAL BUSINESS
LAW, OR APPLICANTS FOR LICENSES ISSUED PURSUANT TO SECTION EIGHTY-NINE-
R-1 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.
6. Whenever an applicant for or holder of a security guard registra-
tion card has been charged with a serious offense as defined by subdivi-
sion 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 SECURITY GUARD or which has filed the application on behalf
of such applicant of such CHARGE OF A serious offense or [a] misdemeanor
as provided for in paragraph a of subdivision three of section eighty-
nine-g of [this article] THE GENERAL BUSINESS LAW. NOTWITHSTANDING THE
FOREGOING, WHERE A SECURITY GUARD LICENSED BY THE POLICE COMMISSIONER OF
THE CITY OF NEW YORK PURSUANT TO SECTION EIGHTY-NINE-R-L OF THE GENERAL
BUSINESS LAW OR AN APPLICANT FOR SUCH LICENSE HAS BEEN CHARGED WITH A
CRIME, AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, THE DIVISION SHALL
NOTIFY SUCH POLICE COMMISSIONER AND THE SECURITY GUARD COMPANY WHICH
EMPLOYS SUCH SECURITY GUARD OR WHICH HAS FILED THE APPLICATION ON BEHALF
OF SUCH APPLICANT OF SUCH CHARGE.
S 5. The general business law is amended by adding a new section 70-a
to read as follows:
S 70-A. LICENSURE IN THE CITY OF NEW YORK. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, IN THE CITY OF NEW YORK, THE
A. 8070 5
POLICE COMMISSIONER OF SUCH CITY SHALL BE AUTHORIZED TO PRESCRIBE BY
RULE LICENSURE AND REGISTRATION REQUIREMENTS THAT MAY DIFFER FROM THE
DEFINITIONS AND REQUIREMENTS OTHERWISE SPECIFIED IN THIS ARTICLE AS A
CONDITION OF ENGAGING IN THE BUSINESS OF WATCH, GUARD OR PATROL AGENCY
WITHIN SUCH CITY AT PREMISES LICENSED PURSUANT TO THE ALCOHOLIC BEVERAGE
CONTROL LAW FOR ON-PREMISES CONSUMPTION OR AT PREMISES WHICH ARE DETER-
MINED BY THE POLICE COMMISSIONER OF SUCH CITY TO CONSTITUTE OR INCLUDE
CRITICAL INFRASTRUCTURE AND/OR KEY RESOURCES.
2. FOR PURPOSES OF THIS SECTION, CRITICAL INFRASTRUCTURE SHALL MEAN
SYSTEMS AND ASSETS, WHETHER PHYSICAL OR VIRTUAL, SO VITAL TO THE CITY OF
NEW YORK, THE STATE OR THE UNITED STATES THAT THE INCAPACITY OR
DESTRUCTION OF SUCH SYSTEMS AND ASSETS WOULD HAVE A DEBILITATING IMPACT
ON SECURITY, ECONOMIC SECURITY, PUBLIC HEALTH OR SAFETY, OR ANY COMBINA-
TION OF THOSE MATTERS, AND KEY RESOURCES SHALL MEAN PUBLICLY OR PRIVATE-
LY CONTROLLED RESOURCES ESSENTIAL TO THE MINIMAL OPERATIONS OF THE ECON-
OMY AND GOVERNMENT, PROVIDED THAT CRITICAL INFRASTRUCTURE AND/OR KEY
RESOURCES SHALL BE PRESUMED NOT TO INCLUDE A RETAIL MERCANTILE ESTAB-
LISHMENT AS THAT TERM IS DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF
THIS CHAPTER, EXCEPT FOR THOSE ESTABLISHMENTS HOUSED WITHIN PREMISES
DEFINED AS CRITICAL INFRASTRUCTURE AND/OR KEY RESOURCES UNDER THIS
SECTION.
3. IN THE CITY OF NEW YORK, WHERE THE POLICE COMMISSIONER OF SUCH CITY
HAS EXERCISED THE AUTHORITY GRANTED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, NO PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY OR
CORPORATION SHALL CONDUCT THE BUSINESS OF WATCH, GUARD OR PATROL AGENCY
AT PREMISES LICENSED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW FOR
ON-PREMISES CONSUMPTION OR AT PREMISES WHICH HAVE BEEN DETERMINED BY THE
POLICE COMMISSIONER OF THE CITY OF NEW YORK TO CONSTITUTE OR INCLUDE
CRITICAL INFRASTRUCTURE AND/OR KEY RESOURCES UNLESS SUCH PERSON, FIRM,
PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION HAS BEEN LICENSED
OR REGISTERED BY THE POLICE COMMISSIONER OF SUCH CITY PURSUANT TO THIS
SECTION.
4. IN FURTHERANCE OF THE EXERCISE OF THE AUTHORITY GRANTED PURSUANT TO
THIS SECTION, AND IN ORDER TO ASCERTAIN ANY PREVIOUS CRIMINAL RECORD OF
APPLICANTS FOR WATCH, GUARD OR PATROL AGENCY LICENSES PURSUANT TO THIS
SECTION, THE POLICE COMMISSIONER OF THE CITY OF NEW YORK SHALL BE
AUTHORIZED TO TRANSMIT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES TWO
SETS OF FINGERPRINTS AND THE FEES REQUIRED BY THE DIVISION FOR A SEARCH
OF CRIMINAL RECORDS. A SEARCH OF THE FILES OF THE DIVISION AND WRITTEN
NOTIFICATION OF THE RESULTS OF THE SEARCH TO SUCH POLICE COMMISSIONER
SHALL BE MADE WITHOUT UNNECESSARY DELAY. THE DIVISION SHALL FORWARD A
SET OF FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION WITH A
REQUEST THAT THE FILES OF THE BUREAU BE SEARCHED AND NOTIFICATION OF THE
RESULTS OF THE SEARCH BE MADE TO SUCH POLICE COMMISSIONER.
5. THE POLICE COMMISSIONER OF THE CITY OF NEW YORK MAY TAKE ALL NECES-
SARY AND APPROPRIATE STEPS IN THE FURTHERANCE OF THE AUTHORITY GRANTED
PURSUANT TO THIS SECTION, INCLUDING SUSPENSION, REVOCATION AND REISSU-
ANCE OF LICENSES, AND MAY ESTABLISH FEES AND PROMULGATE RULES AS NECES-
SARY AND APPROPRIATE TO ACCOMPLISH THE PURPOSES OF THIS SECTION. SUCH
COMMISSIONER MAY ALSO REQUEST AND RECEIVE INFORMATION FROM THE SECRETARY
OF STATE AS NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS SECTION.
6. A LICENSE ISSUED PURSUANT TO THIS SECTION SHALL BE GIVEN FULL FORCE
AND EFFECT THROUGHOUT THE STATE AND SHALL BE DEEMED TO SATISFY THE
REQUIREMENTS OF THIS ARTICLE WITH RESPECT TO LICENSURE OF WATCH, GUARD,
OR PATROL AGENCIES.
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S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, effective immediately the
police commissioner of the city of New York is authorized to promulgate
any and all rules and regulations and take any other measures necessary
to implement this act on its effective date on or before such date.