Bill Text: NY A04292 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to the employment of retired police officers as special security officers by school districts.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-02-22 - print number 4292a [A04292 Detail]

Download: New_York-2017-A04292-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
            S. 4050                                                  A. 4292
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    February 2, 2017
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment
        IN ASSEMBLY -- Introduced by M. of A. THIELE, RAIA, MONTESANO, McDONALD,
          RA,  MURRAY, CRESPO, WALTER, GARBARINO, GIGLIO, CROUCH, BLAKE, COLTON,
          JEAN-PIERRE, SANTABARBARA, GRAF -- Multi-Sponsored  by  --  M.  of  A.
          BRABENEC,  ENGLEBRIGHT, McKEVITT, McLAUGHLIN, PALMESANO, RAMOS -- read
          once and referred to the Committee on Codes
        AN ACT to amend the general municipal law  and  the  criminal  procedure
          law,  in  relation  to employment of retired police officers by school
          districts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  general  municipal  law  is  amended by adding a new
     2  section 209-vv to read as follows:
     3    § 209-vv. Employment of retired police officers  as  special  security
     4  officers for school districts. 1. Notwithstanding any other law, rule or
     5  regulation,  the  trustees  or board of education of any school district
     6  approved pursuant to subdivision two of this section are  authorized  to
     7  employ retired former police officers as defined in paragraphs (a), (b),
     8  (c),  (d), (e), (j), (k), (s), (t) and (v) of subdivision thirty-four of
     9  section 1.20 of the criminal procedure law for the purpose of  providing
    10  special  security  officers  in  the schools of such school district, in
    11  order to protect the property or persons on such premises. The  trustees
    12  or  board of education of any school district so authorized shall timely
    13  submit the annual report set out in subdivision three of  section  twen-
    14  ty-eight  hundred  two  of  the  education  law during the length of the
    15  authorization.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04113-01-7
        S. 4050                             2                            A. 4292
     1    2. (a) To be authorized pursuant to subdivision one of  this  section,
     2  the  trustees  or board of education of a school district must submit an
     3  application to the state department of education which sets forth:
     4    (i)the  current  security arrangements in such district, including the
     5  staff providing security, scheduled hours, and duties;
     6    (ii)the school violence measures undertaken by  the  school  district,
     7  including  all school codes and school safety plans required by sections
     8  twenty-eight hundred one and twenty-eight hundred one-a of the education
     9  law; and
    10    (iii)the security needs which would be addressed by  the  presence  of
    11  special security officers in the school or schools in the district.
    12    (b)  The department of education shall review the application and have
    13  sole authority to approve or deny the application. No application  shall
    14  be approved where the school district has not timely submitted the annu-
    15  al  report  set out in subdivision three of section twenty-eight hundred
    16  two of the education law.
    17    (c) Such authorization shall be valid for no longer than  five  years.
    18  If, at any time, the trustees or board of education of a school district
    19  so  authorized fail to timely submit the annual report set out in subdi-
    20  vision three of section twenty-eight hundred two of the  education  law,
    21  such authorization shall be suspended pending submission.
    22    (d) A special security officer may carry a firearm during the hours of
    23  his  or  her employment subject to prior approval of the school district
    24  and appropriate licensing pursuant to section 400.00 of the penal law.
    25    3. The trustees or board of education of a school district shall  have
    26  the  power  to  fix  the  compensation of persons so employed, either at
    27  annual or per diem rates in the manner provided for in this subdivision.
    28  Employments provided for in this section shall not  be  subject  to  the
    29  provisions  of  section  two hundred twelve of the retirement and social
    30  security law.   The  compensation  for  persons  employed  by  a  school
    31  district  under this section shall not exceed the difference between the
    32  amount of his or her pension (excluding the amount of  any  supplementa-
    33  tion  thereto)  and  the amount of his or her final salary as defined by
    34  section two hundred ten of the retirement and social security law.
    35    § 2. Subdivision 1 of section 209-v of the general municipal  law,  as
    36  amended  by  chapter  843  of  the  laws  of 1980, is amended to read as
    37  follows:
    38    1. Notwithstanding any  general,  local  or  special  law  or  charter
    39  provision,  the governing board of any political subdivision may author-
    40  ize any police or law enforcement agency of such  political  subdivision
    41  to  employ retired former members of police or sheriff's departments, or
    42  the division of state police, or retired former  correction,  parole  or
    43  probation  officers  for  the  purpose  of providing special [patrolmen]
    44  security officers in  publicly  owned  property  within  such  political
    45  subdivision[,  including  property  of  a  school district,] in order to
    46  protect the property or persons on such premises.
    47    § 3. Section 2.10 of the criminal procedure law is amended by adding a
    48  new subdivision 84 to read as follows:
    49    84. Special security officers employed by a school  district  pursuant
    50  to section two hundred nine-vv of the general municipal law, when acting
    51  pursuant  to  their  duties as such, and such authority being limited to
    52  the school grounds, as defined in paragraph (a) of subdivision  fourteen
    53  of  section  220.00  of  the  penal  law, to which they are assigned and
    54  limited to the hours of their employment during  which  classes  are  in
    55  session  and during which a school sponsored extracurricular activity is
    56  occurring on such school grounds; provided,  however,  that  nothing  in
        S. 4050                             3                            A. 4292
     1  this  subdivision  shall  be  deemed to authorize such officer to carry,
     2  possess, repair or dispose of a firearm unless prior approval  has  been
     3  given by the school district and the appropriate license has been issued
     4  pursuant to section 400.00 of the penal law.
     5    §  4. This act shall take effect on the first of January next succeed-
     6  ing the date on which it shall have become a law.