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Who cares
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Sponsors
2 Co-sponsors
5 Multi-sponsors
History
- Referred to economic development
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A10855
Title of bill
An act to amend the general business law, in relation to the employment of security guards
Purpose of the bill
The purpose of this bill is to ensure that no person is employed as a security guard pending completion of a criminal background check.
Summary of provisions
Section 1 of the bill would amend General Business Law (GBL) § 89-g(1) to remove a provision allowing for temporary hiring of security guards during the pendency of a criminal background check.
Section 2 of the bill would amend GBL § 89-g(4) to make conforming changes to that subdivision.
Section 3 of the bill would make it effective immediately.
Existing law
GBL Article 7-A requires individuals intending to work as a security guard to obtain a registration card from DOS.
GBL § 89-g(1) provides that 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guard company has verified with DOS that such person possesses a valid registration card which has not expired or been revoked or suspended; or (b) such security guard company has filed with an application for a registration card completed and sworn to by such person pursuant GBL 89-(h)(1).
GBL § 89-h sets forth the requirements that must be met to qualify for a registration card to perform security guard functions, including but not limited to the requirement that an applicant not have been convicted of a serious offense or of a misdemeanor.
Legislative history
This is a new proposal.
Statement in support
Each applicant for a security guard registration card must provide fing- erprint records, which are submitted to the Federal Bureau of Investi- gation (FBI) for a national criminal history record check to ascertain
whether or not the applicant has been convicted of a serious offense, which would disqualify him or her from registration.
GBL Article 7-A currently permits the temporary employment of security guards who have applied for a registration card, while their criminal history checks are pending. Such conditional employment, however, creates an unreasonable risk to public health and safety. It allows convicted criminals who do not disclose their prior convictions, to be assigned security guard work on a temporary basis, pending receipt by DOS of the results from the FBI criminal record check results. This bill would amend the GBL to ban the employment of security guards until a criminal background check is completed.
Previously, using hard copy fingerprint records; criminal history checks would take 6 to 8 weeks to complete. New York State recently switched, however, from hard copy fingerprint records to electronic fingerprint- ing. DOS is now able to obtain the results of criminal history record checks in as few as 24-48 hours. Accordingly, this bill, which would preclude the temporary employment of security guards pending receipt of their criminal history reports, would not unreasonably delay the employ- ment of qualified security guard applicants.
Budget implications
None.
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.