Gambar halaman
PDF
ePub

more

Sworn

[ocr errors]

an

as

shall be given by the secretary to the security guard company by which the holder was employed at the time of such suspension or revocation.

8. Reissuance of registration card. A suspended or revoked registration card may be reissued only by the secretary or by a person deputized by the secretary. Except as otherwise provided in this section, where a registration card has been revoked, it may not be reissued for at least one year following revocation.

§ 89-m. Renewal of registration cards. 1. Registration cards shall expire two years from the date of issuance or last renewal as the case may be. Not less than sixty nor more than ninety days prior to the expiration date of a registration card, the department shall mail to each registrant at his last known address, notice of renewal, and a registration renewal form. Registration cards shall not be renewed unless not than sixty nor less than thirty days prior to the expiration date of the registration card, the holder submits to the department, & registration renewal forin

to or affirmed by the holder under the penalty of per jury together with a biennial renewal fee in the amount of twentyfive dollars payable to the department and a certificate certifying that the holder has satisfactorily completed the required annual in-service training courses as prescribed by the commissioner pursuant to subdivision one of section eight hundred forty-one-c of the executive law. Unless the department determines the existence of facts which would constitute cause for denial, revocation or suspension of the registration card pursuant to

this article, it shall renew the registration card. Denial' of renewal hereunder shall be reviewable by

administrative hearing set forth in section seventy-nine of this chapter. The twenty-five dollar biennial renewal fee collected by the department shall be deposited to the licensing examinations services account established pursuant to the provisions of section 97-aa of the state finance law. Notice that a registration card has expired or has not been renewed pursuant to this section shall be given by the secretary to the holder of such registration card and to the security guard company by which such holder was employed at the time of such expiration or non-renewal.

2. A registration card which was not renewed or which expired may be reissued only in a manner prescribed by rules and regulations promulgated by the department.

§ 89-n. Training requirements. 1. Security guards shall be required to satisfactorily complete training programs given

and administered by security guard training schools, schools which provide security guard training programs or security guard companies prescribed, certified and approved by the commissioner pursuant to section eight hundred fortyone-c of the executive law to include:

an eight hour pre-assignment training course; b. an on-the-job training course to be completed within ninety working, days following employment, consisting of a minimum of sixteen hours and

maximum of forty hours, as determined by the council, relating to the security guard's specific duties, the nature of the work place and the requirements of the security guard company;

c. a forty-seven hour firearms training course for issuance of a special armed guard registration card; d. an eight hour annual in-service training course; and

additional eight hour annual in-service training course for holders of special armed guard registration cards.

The training programs and courses required by this subdivision may, if approved and certified by, the commissioner pursuant to subdivision two of section eight hundred forty-one-c of the executive law, be given and administered by security guard companies.

Nothing here in shall be construed to prohibit a security guard company, from voluntarily providing training programs and courses which exceed the minimum requirements provided by this subdivision.

Upon completion of a required training course, a security guard shall receive from the provider à certificate evidencing satisfactory completion thereof in accordance with the requirements prescribed by the commissioner pursuant to section eight hundred forty-one-c of the executive law.

a. A security, guard who has been or was previously employed as a police officer for eighteen months or more who exhibits a valid certificate awarded pursuant to paragraphs (a) and (b) of subdivision one of section two hundred nine-a of the general municipal law attesting to his or her

satisfactory completion of an approved municipal police basic training program or a similar attestation by the division

state police the city of New York police department if he or she is em

a.

a

e,

an

2.

of

or

more

or

a

ployed or has previously been employed by such department shall be exempt from the requirements of paragraph c of subdivision one of this section. b. A security guard who has

has been or was previously employed as a peace officer for eighteen months or more who exhibits a valid certificate awarded pursuant to subdivision six of section 2.30 of the criminal procedure law attesting to his or her satisfactory completion of the training requirements imposed by section 2.30 of the criminal procedure law shall be exempt from the requirements of paragraph c of subdivision one of this section provided that such peace officer has completed a course of firearms training approved by the municipal police

training council pursuant to the l'ast paragraph of subdivision one of section 2.30 of the criminal procedure law provided, however, that nothing in this subdivision shall be deemed to authorize such guard to carry, possess, repair or dispose of a firearm unless the

appropriate license therefor has been issued pursuant to section 400.00 of the penal law.

3. A security guard who is also employed as a police officer or as a peace officer for eighteen months or

sñall be
exempt from

the requirements of paragraph e of subdivision one of this section as long, as he or she is currently employed as a police peace officer and provides to his or her security guard employer proof of such annual inservice training required under paragraph e of subdivision one of this section.

§ 89-0. Rules and regulations. The secretary shall adopt rules and regulations implementing the provisions of this article. Such rules and regulations shall include criteria for determining whether a person is a security guard or whether a particular function is security guard function as defined by subdivision six of section eighty-nine-f of this article.

§ 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-8 of this article or who knowingly and wilfully makes material misstatements in the application for or renewal of his or her registration card 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 any security guard company which employs a security guard in violation of the provisions of section eighty-nine-& of this article 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 imprisonment upon the first conviction and by a tero 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 render his or her registration card as required by subdivision seven of section eighty-nine-l 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. 2.89-9. Separability. If any item, clause, sentence, subparagraph, subdivision, section or other part of this article, or the application thereof to any person or circumstances shall be held to be invalid, such holding shall not affect, impair or invalidate the remainder of this article, or the application of such section or part of a section held invalid, to any other person or circumstances, but shall

be

confined in its operation to the iten, clause, sentence, subparagraph, subdivision, Section or other part of this article directly involved in such holding, or to the person and circumstances therein involved.

89-1. Preemption. 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 registration of security guards.

$ 89-s. Reporting. On before February first, nineteen hundred Rinety-four, and on or before February first of each succeeding year, the secretary, upon consultation with the commissioner and the security guard advisory council, shall report to the governor, the temporary president of the senate and the speaker of the assembly on the implementation, procedures, operation, training, and enforcement of the security EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

sur

or

C.

a

case

guard açt of nineteen hundred ninety-two, together with any recommenda, tions relating thereto. Such report shall incìude, but not be limited to: a. the number of

of security guards registered and maintained in the security guard registry;

b. the number of applicants for registration, and the number of applications denied with the reason or reasons therefor;

statistics related to the time it takes to process fingerprint cards, applications and inquiries to the registry by security guard companies;

d. the number and length of suspensions and revocations, and the number and amount of fines imposed;

e. the amount of fees collected by the department and the division;

f. the level of appropriation authority available to the department and the division and the amount of money expended by the department and division for the purposes of carrying out the provisions of this article; and 8. any other

information which the department and the division deem necessary. The division shall provide the department with any information necessary to comply with the requirements of this section.

§ 7. The executive law is amended by adding a new section 99 to read as follows:

§ 99. Central state registry of security guards. 1. The department shall collect information and maintain, on a current basis, registry of all security guards and applicants for registration cards in the state. 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 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

shall such registry include criminal history information.

2. Each security guard company as defined in subdivision five of section eighty-nine-f of the general business law which employs security guards shall transmit to the department, no later than the fifteenth day of January in the year next succeeding the year in which the provisions of this section become effective, a list which shall include but not be limited to the name of every security guard employed by such security guard company indicating with respect to each security guard his or her name, address, date of birth 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. Each such security guard company shall thereafter, submit to the department the name of each security guard employed or who has retired or resigned or whose employment as a security guard is terminated for any reason, no later than the fifteenth calendar day following such employment, retirement, resignation

termination, and, in the instance of newly appointed security guards, shall include all the information required to be furnished

in

the initial listing required by this subdivision. The information required to be submitted pursuant to this sụbdivision

which is required by law to be kept confidential shall be kept confidential and all other information shall be released only pursuant to this section.

3. The department shall establish rules and regulations to provide for a permanent system of identification for each security guard applicant as the case may be, which will ensure the security and privacy of information contained in the registry and to ensure that such information is made available only to qualified agencies defined in subdivision nine of section eight hundred thirty-five of this chapter and to security guard companies only for the purposes enumerated in subdivision four of this section.

4. Notwithstanding any other provision of law, security guard companies, 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 applicants as defined in subdivision nine of section eighty-nine-f of the general business law, who as certified by such security, gụard companies making such inquiries are presently employed by or who have applied for employment by such security guard com

or

or

or

or

panies 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.

5. In the event of failure or refusal to comply with the requirements of subdivision two of this section, the secretary may apply to the supreme court for an order directed to the person responsible requiring compliance. Upon such application the court may issue such order as may be just, and a failure to comply with the order of the court shall be a contempt of court and punishable as such.

6. Whenever an applicant for or holder of a security guard registration card has been charged with a serious offense as defined by subdivision thirteen of section eighty-nine-f of the general business law or of a misdemeanor, the division shall notify the department and the departbent shall notify the security guard company which employs such applicant or which has filed the application on behalf of such applicant of such serious offense or a misdemeanor as provided for in paragraph a of subdivision three of section eighty-nine-8 of this article.

7. In the event that a registration card is not issued within six ponths following application therefor, or is not reissued within six ponths following the expiration thereof, unless the registration card has been suspended or revoked, the department shall so notify the division which shall thereupon destroy the set of fingerprints received with the application.

8. The department shall continue to maintain in the registry the information required to be kept pursuant to this article for security guards and applicants for a period of not less than five years following their termination, revocation, resignation, retirement or failure to be bired or renewed' at which time the department shall purge from the registry such information.

9. Saving clause. In case it be judicially determined that any of the provisions of this section is unconstitutional

otherwise

'invalid, such determination shall not affect the validity or effect of the rema in ing provisions of this section.

§ 8. The executive law is amended by adding four new sections 841-a, 841-b, 841-c and 841-d to read as follows:

§ 841-a. Security guard advisory council. 1. There is hereby created within the division a security guard advisory council composed of thirteen members who are knowledgeable about the security guard industry. In addition, the council shall include as ex-officio non-voting members, the secretary of state and the commissioner of the division of criminal justice services, or their respective designees. All members shall be residents of the state and shall be selected as follows:

(a) six shall be appointed by the governor, one of whom shall be a representative of a contractual security company, one of whom shall be a representative of a proprietary security company, one of whom shall be a person actively employed as a security guard for'a contractual security company and one of whom shall be a person actively employed as a security guard for a proprietary, security company; (b) two shall be appointed by the governor on the recommendation of the temporary president of the senate; (c) one shall be appointed by the governor on the recomnendation of the minority leader of the senate; (d) two shall be appointed by the governor on the recommendation of the speaker of the assembly;

(e) one shall be appointed by the governor on the recommendation of the minority leader of the assembly;

(f), one shall be appointed by the governor who shall be a full-time faculty member of a college or university who teaches and whose area of expertise is in the field of security.

2: The governor shall designate from among the members of the council a chairperson and a vice-chairperson who shall each serve at

the pleasure of the governor.

3. All members of the council appointed by the governor shall be apprinted for terms of three years, such terms to commence January first, and expire on December thirty-first; provided, however, that of the members first appointed, four shall be appointed for one year terms and, four shall be appointed for two year terms. Any member chosen to till a vacancy created otherwise than by expiration of term shall be apEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

on

on

[ocr errors]
[ocr errors]

pointed for the unexpired term of the member whom he is to succeed. Vacancies caused by expiration of a term or otherwise shall be filled in the same manner as original appointments. Any member may be reappointed for additional terms.

4. The council shall meet as frequently as it deems necessary but in no event less than one time in each year. Special meetings may be called by the chairperson and shall be called by him or her at the request of the governor or upon

the written request of seven members of the council. The council may establish its own requirements as to quorum and its own procedures with respect to the conduct of its meetings and other affairs; provided, however, that all recommendations made by the council to the governor pursuant to section eight hundred forty-one-b of this article shall require the affirmative vote of a majority of the council.

5. Membership the council shall not constitute the holding of an office, and members of the council shall not be required to take and file oaths of office before serving on the council. The council shall not have the right to exercise any portion of the sovereign powers of the state.

6. The members of the council shall receive no compensation for their services but shall be allowed their actual and necessary expenses

incurred in the performance of their functions hereunder.

No member of the council shall be disqualified from holding any public office or employment, nor shall he or she forfeit any such office or employment, by reason of his or her appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance or city charter.

§ 841-b. Functions, powers and duties of council. 1. The council shall recommend to the commissioner rules and regulations with respect to:

(a) the approval, or revocation thereof, of security guard training schools and training programs;

(b) minimum courses of study duration, attendance requirements, and equipment and facilities to be required at approved security guard training schools and training, programs, taking into account subject matter, the hours each subject is to be taught and special requirements unique to particular assignments, employers and work sites;

(0) minimum qualifications for instructors at approved security guard training, schools and training programs; and (d)

the subject matter of all training requirements which security guards and security guard applicants must complete before being registered as unarmed and armed security guards.

2. The council may, in addition :

(a) consult with, advise and make recommendations to the commissioner with respect to the exercise of his or her functions, powers and duties as set forth in this section;

(b) recommend studies, surveys and reports to be made by the commissioner regarding the carrying out of the objectives and purposes of this section;

(c) visit and inspect any security guard training school approved by the commissioner or for which application for such approval 'has

has been made;

(d) make recommendations, from time to time, to the commissioner, the governor, the legislature and the secretary of state, with regard to implementation of the purposes of this section and of article seven-A of the general business law; and (e) perforin such

such other acts as may be necessary or appropriate to carry out the functions of the council.

§ 841-c. Functions, powers and duties of the commissioner with respect to the council. In addition to the functions, powers and duties otherwise provided by this section and article seven-A of the general business law, the commissioner shall, upon the recommendation and with the general adyice of the council: 1. prescribe minimum requirements for the eight hours of pre

, assignment training; the on-the-job training program to be completed within ninety working days following employment as a security guard; the forty-seven hours of firearms training for a special armed guard registration card; the eight hour annual in-service training course; and the eight hour in-service training course for, armed security guards;

2. approve and certify security, guard training schools, programs and courses which meet or exceed the minimum requirements prescribed pursuant to subdivision one of this section and issue' certificates of approval to such schools, and revoke such approval or certificate provided, however, that the commissioner may permit any such school,

« SebelumnyaLanjutkan »