89-E – Short Title.

§ 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.

§ 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 […]

89-G – Employment of Security Guards.

§ 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 […]

89-H – Requirements for a Registration Card.

§ 89-h. Requirements for a registration card. To qualify for a registration card to perform security guard functions, an applicant shall fulfill the following requirements: 1. Application: file an application with the department sworn to or affirmed by the applicant in such form and including such information and attachments as may be prescribed or requested […]

89-I – Investigation.

§ 89-i. Investigation. Within five business days after receipt of an application, the department shall transmit to the division two sets of fingerprints and the fees required pursuant to paragraph (b) of subdivision ten of section eighty-nine-h of this article. One set of fingerprints and the required fee shall be submitted to the federal bureau […]

89-J – Security Guard Registry.

§ 89-j. Security guard registry. The department shall pursuant to section ninety-nine of the executive law maintain a computerized registry.

89-K – Issuance and Denial of Registration Cards.

§ 89-k. Issuance and denial of registration cards. 1. Requirements of registration cards. Unless the department determines that the applicant does not meet the requirements of section eighty-nine-h of this article or is unable to perform security guard functions, it shall issue a registration card in a form prescribed by the department, which shall include, […]

89-L – Suspension, Revocation and Reissuance of Registration Cards.

§ 89-l. Suspension, revocation and reissuance of registration cards. 1. Revocations and suspensions. The secretary or any person deputized by the secretary may suspend for a period not to exceed eighteen months or revoke any registration card issued pursuant to this article after a hearing pursuant to this section, except that, where revocation is sought […]

89-M – Renewal of Registration Cards.

§ 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 […]

89-N – Training Requirements.

§ 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 forty-one-c of the executive law to include: a. an […]

89-O – Rules and Regulations.

§ 89-o. Rules and regulations. The secretary shall in consultation with the security guard advisory council, 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 a security guard function as defined by […]

89-P – Violations and Penalties.

§ 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-g 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 […]

89-Q – Separability.

§ 89-q. 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 […]

89-R – Preemption.

§ 89-r. 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 or security guards.

89-S – Reporting.

§ 89-s. Reporting. On or before February first, nineteen hundred ninety-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, […]

89-W – Applicability.

* § 89-w. Applicability. The provisions of this article shall not apply to a not-for-profit security guard company, public entity, or tenant or third-party security provider of such tenant of a publicly owned sports venue with a capacity of at least sixty thousand people located in the county of Erie, which hires a security guard […]