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CHAPTER 334

AN ACT to authorize the town of Poughkeepsie, Dutchess county, to

discontinue the use of and to sell certain park lands

Became a law July 17, 1992, with the approval of the Governor. Passed on

Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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Section 1. Notwithstanding the provisions of any general, special or local law to the contrary, the town of Poughkeepsie, Dutchess county acting by and through its town board is hereby authorized and empowered to discontinue the use as park lands and to sell and convey for fair market value, upon such terms and conditions as it shall deem appropriate the lands described in section two of this act, which had been acquired, reserved designated by the town for park and recreational purposes and are no longer used or useful for such purposes. Such town is authorized to execute and deliver a deed of conveyance of valid title in fee simple of such real property or any part thereof, All of the net proceeds attributable to the sale of such park lands shall be set aside and used for town park capital improvements, including but not limited to, recreational facilities at Crown Height Park.

§ 2. The parcel of land to be conveyed pursuant to section one of this act is bounded and described as follows: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town

of Poughkeepsie, County of Dutchess and State of New York more fully described as follows: BEGINNING at point on the Northeasterly line of Hankin Loop, said point being the intersection of the Northeasterly line of said Hankin Loop with the Southeasterly line of Lot No. 7 as shown on a certain map entitled Barnegat Estates and filed in the Dutchess County Clerk's Office as map No. 4266 and running thence along the Southeasterly line of said Lot No. 7, North 54-32-23 East 212. 26 feet to point

the Southerly line of Section 1, Dutchess Village Homes and filed in the Dutchess County Clerk's Office as map No. 2378; thence leaving said line and running along the Southerly, line of map No. 2378, South 49-09-40 East 83. 38 feet to a point; thence' leaving said line and running along the Westerly line of Section 2, Woodmere Park, filed Map No. 2682, South 21-42-20 West 156.24 feet to a'point; thence leaving said line and running, along the Northerly line of Lot No. 8, as shown on aforesaid map No. 4266, North 77-29-42 West 167.65 feet to a point on the Northeasterly line

line of aforesaid Hankin Loop, on a curve convex to the Northeast having a radius of 195.00 feet and a length Northwesterly 48.87 feet to the point of beginning containing 26,772 square feet of land be the same more or less. SUBJECT to a 20 foot wide water line easement running, along the Northwesterly and Northerly lines of the above herein described parcel said easement runs from the Northeasterly line of Hankin Loop, Northeasterly along the Southeasterly line of Lot No. 7; thence Southeasterly, along the Southerly line of filed map No. 2378 to a point on the Westerly line of filed map No. 2682. SUBJECT to the rights of Public Utilities of record. BEING a portion of the same premises conveyed by Helen Hill Schoonmaker to Barnegat Estates, Inc. by, deed dated December 22, 1972 and recorded in the Dutchess County Clerk's Office on December 26, 1972 in Liber 1348 of Deeds at page 233.

§ 3. This act shall take effect immediately.

CHAPTER 335

AN ACT to amend the state administrative procedure act, in relation to

the assessment of public comment for revised rule makings

Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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Section 1. Paragraph (b) of subdivision 4-a of section 202 of the state administrative procedure act is relettered paragraph (c) and a new paragraph (b) is added to read as follows:

(b) Each agency shall publish and make available to the public an assessment of public comment for rule revised

pursuant to this subdivision. Such assessment shall be based upon any written comments submitted to the agency and any comments presented at any pụblic hearing held on the proposed rule by the agency. The assessment shall contain: (i) a summary and an analysis of the issues raised and significant alternatives suggested by any such comments; (ii) a statement of the reasons why any significant alternatives were not incorporated into the rule; and (iii) a description of any changes made in the rule as a result of such comments. If no comments have been received, the notice of revised rule making shall state that no comments were received by the agency. Any subsequent assessment published pursuant to this paragraph or paragraph (b) of subdivision five of this section need only include comments not addressed in any previously published assessment of public comment for the rule; provided, however, that the notice of revised rule making or adoption shall contain the date any previous notice of revised rule making containing an assessment of public comment was published in the state register.

§ 2. Subparagraphs (vii) and (viii) of paragraph (c) of subdivision 4.a of section 202 of the state administrative procedure act, added by chapter 336 of the laws of 1989 and such paragraph as rélettered by section one of this act, are amended to read as follows:

(vii) give the name, address and telephone number of an agency representative knowledgeable on the rule, from whom the complete revised text of such rule, any revised regulatory impact statement(,) and any revised regulatory flexibility analysis may be obtained; from whom information about any additional public hearing may be obtained; and to whom written [date] data, views and arguments may be submitted;

(viii) state whether the notice shall also constitute a notice of continuation for the purposes of subdivision three of this section; [and]

3. Subparagraph (ix) of paragraph (c) of subdivision 4-a of section 202 of the state administrative procedure act, such paragraph as relettered by section one of this act, is renumbered subparagraph (x) and a new subparagraph (ix) is added to read as follows:

(ix) include the assessment of public comment, prepared pursuant to paragraph (b) of this subdivision provided, however, that, if such sessment exceeds two thousand words, the notice shall include only a summary of such assessment in less than two thousand words; and

$ 4. This act shall take effect on the first day of October next succeeding the date on which it shall have become a law and shall apply to all rules proposed for adoption on or after such date.

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EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 336

AN ACT to amend the general business law, the executive law, the state

finance law and the public officers law, in relation to the licensing, registration, training and liability insurance for security guards

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Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The legislature hereby finds that the provision of contractual and proprietary security services is a rapidly growing industry in the state, particularly in metropolitan areas. Both private enterprise and government increasingly rely upon security services as a supplement to traditional law enforcement to protect people and property.

The security industry provides a general and specialized workforce to enforce the rules, regulations and procedures of employers and clients, to control access and prevent trespass to an employer's or client's property, to prevent loss of or damage to person and property, to represent the employer or client by providing guidance to authorized visitors and other employees, to manage traffic flow and to deter criminal activity on the employer's or client's property.

In New York state there are over one hundred thousand persons employed as security guards, in contractual and proprietary roles, by both private enterprise and government - almost double the total number of police officers in the state. Recent federal reports indicate that private security is clearly the nation's primary protective source, outspending public law enforcement by seventy-three percent and employing more than twice the workforce.

Currently, in New York state, these security guards who, by definition, are employed primarily to deter, observe, detect and report incidents in order to protect persons and/or property from harm, theft and/or other unlawful activity, are not required to be licensed, regulated or registered or to complete any minimum levels of training or to undergo a thorough and timely criminal history background check condition of hiring.

The legislature further finds that the proper screening, hiring and training of security guards is a matter of state concern and compelling state interest to ensure that such security guards meet certain minimum recruitment and training standards as this industry and the demands placed upon it grows daily.

Therefore, the legislature hereby finds and declares that because of the large number of unregulated and unlicensed security guards who may lack sufficient training, and their nexus to the general public, the state should establish uniform standards for the employment, registration, training, enforcement and liability insurance coverage of security guards and the security guard industry within the state.

§ 2. Subdivision 3 of section 71 of the general business law, as amended by chapter 826 of the laws of 1959, is amended to read follows:

3. The term the "business of private investigator," and the term "private investigator" shall mean and include any person, 'firm, company, partnership or corporation engaged in the business of private investigator as defined in subdivision one of this section with or without the assistance of any employee or employees. The term "business of watch, guard or patrol agency" and the term "watch, guard patrol agency'' shall mean and include any person, firm, company, partnership or poration engaged in the business of watch, guard patrol agency defined in subdivision two of this section or the business of a security guard company as defined in subdivision five of section eighty-nine-f of this chapter with without the assistance of

any employee employees. For the purposes of this section, a public entity as defined in subdivision seven of section eighty-nine-f of this chapter shall not be deemed a security guard company.

§ 3. Subdivisions 1 and 2 of section 73 of the general business law, subdivision 1 as amended by chapter 826 of the laws of 1959 and subdivision 2 amended by chapter 310 of the laws of 1962, are amended to read as follows:

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1. The secretary of state shall have the power to enforce the provisions of this article and article seven-A of this chapter and upon plaint of any person, or on his own initiative, to investigate any violation thereof or to investigate the business, business practices and business methods of any person, firm, company, partnership or corporation applying for or holding a license as a private investigator, watch, guard or patrol agency, if in the opinion of the secretary of state such investigation is warranted. Each such applicant or licensee shall be obliged, on request of the secretary of state, to supply such information, books, papers or records as may be required concerning his, their or its business, business practices business methods, or proposed business practices or methods. Failure to comply with a lawful request of secretary shall be a ground for denying an application for a license, or for revoking, suspending, or failing to renew a license issued under this article.

2. For the purpose of enforcing the provisions of this article and article seven-A of this chapter, and in making investigations relating to any violation thereof, and for the purpose of investigating the character, competency and integrity of the applicants or licensees hereunder, and for the purpose of investigating the business, business practices and business methods of any applicant or licensee, or of the officers or agents thereof, the department of state, acting by such officer or per: son in the department as the secretary of state may designate, shall have the power to subpoena and bring before the officer or person so designated any person in this state and require the production of books, records or papers which he deems relevant to the inquiry and administer an oath to and take testimony of any person or cause his deposition to be taken, except that any applicant or licensee or officer or agent thereof shall not be entitled to fees and/or mileage. A subpoena issued under this section shall be regulated by the civil practice law and rules. Any person, duly subpoenaed, who fails to obey such subpoena without reasonable cause or without such cause refuses to be examined or to answer any legal or pertinent question as to the character or qualification of such applicant or licensee or such applicant's or licensee's business, business practices and methods or such violations, shall be guilty of a misdemeanor. The testimony, of witnesses in any investigative proceeding shall be under oath, which the secretary of state or one of his deputies, or a subordinate of the department of state designated by the secretary of state, may administer, and wilful false swearing in any such proceeding shall be perjury.

§ 4. Subdivision 1 of section 79 of the general business law, amended by chapter 347 of the laws of 1966 and the opening paragraph atended by chapter 159 of the laws of 1977, is amended to read as follows: 1. The department of state shall have the power to revoke or suspend any license, or in lieu thereof to impose fine not exceeding thousand dollars payable to the department of state, or reprimand any licensee or deny an application for a license or renewal thereof upon proof[.]:

a) that the applicant or licensee has violated any of the provisions of this article or the rules and regulations promulgated hereunder;

(b) that the applicant or licensee has practiced fraud, deceit or disrepresentation;

(C) that the applicant or licensee has made a material misstatement in the application for or renewal of his license;

(d) that the applicant or licensee has demonstrated incompetence or untrustworthiness in his actions; le)that the applicant or licensee has violated any of the provisions of article seven-Å of this chapter or the rules and regulations promulgated thereunder.

$ 5. Section 81 of the general business law is amended by adding a new subdivision 8 to read as follows: 8. The provisions of this section shall not be applicable to security guards or the employment of security guards by licensees.

§ 6. Sections 89-b, 89-c and 89-d of the general business law are redesignated sections 89-t, 89-u and 89-v and a new article 7-A is added to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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ARTICLE 7-A

SECURITY GUARD ACT

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Section 89-e. Short title.

89-f. Definitions.
89-8. Employment of security guards.
89-8. Requirements for a registration card.
89-1. Investigation.

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89-K: Issuance and denial of registration cards.
89-1. Suspension, revocation and reissuance of registration

cards.
89-m. Renewal of registration cards.
89-n. Training requirements.
89-0. Rules and regulations.
89-P. Violations and penalties.
89-9. Separability.
89-8. Preemption.

89-s. Reporting. § 89-e. Short title. This article shall be known and may be cited as the "security guard act of nineteen hundred ninety-two":

§ 89-f. Definitions. As used in this article, the following words and phrases shall have the following meanings:

1. "Commissioner" shall mean the commissioner of the division of criminal justice services.

2. "Division" shall mean the division of criminal justice services. 3. "Secretary" shall mean the secretary of state. 4. "Department" shall mean the department of state.

5. "Security guard company" shall mean any person, firm, corporation, public entity or subsidiary or department of such firm, corporation public entity employing

security guards or being selfemployed as a security guard on either a proprietary basis for its

or on a contractual basis for use by another person, firm, corporation, public entity or subsidiary thereof within the state.

6. "Security guard" shall mean a person employed by a security guard company to principally perform one or more of the following functions within the state:

a. protection of individuals and/or property from harm, theft or other unlawful activity;

b. deterrence, observation, detection and/or reporting of incidents in order to prevent any unlawful or unauthorized activity including but not limited to unlawful' or unauthorized intrusion or entry, larceny, vandal ism, abuse, arson or trespass on property;

street patrol service; d.

response to but not installation or service of a security system alarm installed and/or used to prevent or detect unauthorized intrusion, robbery, burglary, theft, pilferage and other losses and/or to maintain security of a protected premises.

7. "Public entity" shall mean: a. the state of New York;

b. a county, city, town, village or any other political subdivision or civil department or division of the state;

c. any other public corporation, public authority, commission, agency, municipal or other public housing authority, or project organized pursuant to article two of the private housing finance law;

d. any other governmental instrumentality or governmental unit in the state of New York.

8. "Security system" shall mean an assembly of equipment and devices or a single device designated to detect and/or signal unauthorized intrusion into premises to signal an attempted robbery, burglary, theft, pilferage or other loss at a protected preinises, and with respect to which signal, police and/or security guards are expected to respond. Smoke and/or fire alarm systems are excluded from the provisions of this article.

9. "Applicant" shall mean an individual who has filed an application with the department for a security guard registration card.

10. "Holder" shall mean an individual who has been issued a registration card by the department.

11. "Registration card" shall mean a photographic identification card issued by the department, including a special armed guard registration

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