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This entry was published on 2014-09-22
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SECTION 89-G
Employment of security guards
General Business (GBS) CHAPTER 20, ARTICLE 7-A
§ 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been revoked or suspended; or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.