§ 81. Employees. 1. The holder of any license certificate issued
pursuant to this article may employ to assist him in his work of private
detective or investigator or bail enforcement agent as described in
section seventy-one of this article and in the conduct of such business
as many persons as he may deem necessary, and shall at all times during
such employment be legally responsible for the good conduct in the
business of each and every person so employed.

No holder of any unexpired license certificate issued pursuant to this
article shall knowingly employ in connection with his or its business in
any capacity whatsoever, any person who has been convicted of a felony
or any of the offenses specified in subdivision two of section
seventy-four of this article, and who has not subsequent to such
conviction received executive pardon therefor removing this disability,
or received a certificate of relief from disabilities or a certificate
of good conduct pursuant to article twenty-three of the correction law
to remove the disability under this section because of such a
conviction, or any person whose private detective or investigator's
license or bail enforcement agent's license was revoked or application
for such license was denied by the department of state or by the
authorities of any other state or territory because of conviction of any
of such offenses. Should the holder of an unexpired license certificate
falsely state or represent that a person is or has been in his employ,
such false statement or misrepresentation shall be sufficient cause for
the revocation of such license. Any person falsely stating or
representing that he is or has been a detective or employed by a
detective agency or that he is or has been a bail enforcement agent or
employed by a bail enforcement agency shall be guilty of a misdemeanor.

2. No person shall hereafter be employed by any holder of a license
certificate until he shall have executed and furnished to such license
certificate holder a verified statement, to be known as "employee's
statement," setting forth:

(a) His full name, age and residence address.

(b) The business or occupation engaged in for the three years
immediately preceding the date of the filing of the statement, setting
forth the place or places where such business or occupation was engaged
in, and the name or names of employers, if any.

(c) That he has not been convicted of a felony or of any offense
involving moral turpitude or of any of the misdemeanors or offenses
described in subdivision one of this section.

(d) Such further information as the department of state may by rule
require to show the good character, competency, and integrity of the
person executing the statement.

3. Immediately upon the verification of an employee's statement, the
holder of a license certificate by whom such person has been or is to be
employed shall cause two sets of fingerprints of the two hands of such
person to be recorded in such manner as the department of state may by
rule prescribe. The holder of a license certificate shall immediately
stamp in indelible ink the employee's statement and each set of
fingerprints with the name, year and license certificate number of such
holder and a number, which number shall be determined by the number of
such statements furnished to such holder and shall be in numerical
sequence.

4. The holder of a license certificate shall affix one set of such
fingerprints to the employee's statement in such manner that the prints
can be examined without disclosing the contents of the employee's
statement and shall retain such statement and prints so long as he shall
be licensed under this article by the department of state.

5. The holder of a license certificate shall file the other set of
fingerprints with the department of state by forwarding the same by
registered mail to the office of the secretary of state, Albany, New
York, within twenty-four hours of such employment.

6. Within five days after the filing of such fingerprints the
secretary of state shall cause such fingerprints to be compared with
fingerprints filed with the division of criminal justice services and,
if he finds any record of any conviction as defined in the criminal
procedure law of a felony or any other offense specified in subdivision
one of this section, he shall immediately notify the holder of such
license certificate and shall also refer the matter to the
attorney-general. The secretary of state may also submit fingerprints to
the federal bureau of investigation for a national criminal history
record check and may, from time to time, cause such fingerprints to be
checked against the fingerprints filed with the division of criminal
justice services or of other official fingerprint files within or
without this state, and if he finds that such person has been convicted
of a felony or any other offense specified in subdivision one of this
section he shall immediately notify the holder of such license
certificate and shall also refer the matter to the attorney-general. The
secretary of state shall at all times be given access to and may from
time to time examine the fingerprints retained by the holder of a
license certificate as provided in subdivision four of this section.

7. If any holder of a certificate shall file with the department of
state the fingerprints of a person other than the person so employed, he
shall be subject to a fine not exceeding five thousand dollars ($5,000)
or to imprisonment not exceeding one year, or both.

8. The provisions of this section shall not be applicable to security
guards or the employment of security guards by licensees.