Section 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.