Central state registry of security guards

§ 99. Central state registry of security guards. 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. 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 case 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 or 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 subdivision 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 or
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 or applicants as defined in subdivision nine of
section eighty-nine-f 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.

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 department 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-g of this
article.

7. In the event that a registration card is not issued within six
months following application therefor, or is not reissued within six
months 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
hired 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 or otherwise invalid,
such determination shall not affect the validity or effect of the
remaining provisions of this section.