Bill Text: NY A04852 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes the trustees or board of education of any school district to employ retired former members of police or sheriff's departments as special security officers for such school district upon approval by the department of education; grants such officers peace officer status.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2022-05-03 - held for consideration in codes [A04852 Detail]

Download: New_York-2021-A04852-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4852

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2021
                                       ___________

        Introduced  by  M.  of  A.  B. MILLER  --  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 members of police or sheriff's departments, or the
     8  division  of  state police for the purpose of providing special security
     9  officers in the schools of such school district, in order to protect the
    10  property or persons on such premises.  The trustees or board  of  educa-
    11  tion of any school district so authorized shall timely submit the annual
    12  report  set out in subdivision three of section twenty-eight hundred two
    13  of the education law during the length of the authorization.
    14    2. (a) To be authorized pursuant to subdivision one of  this  section,
    15  the  trustees  or board of education of a school district must submit an
    16  application to the state department of education which sets forth:
    17    (i) the current security arrangements in such district, including  the
    18  staff providing security, scheduled hours, and duties;
    19    (ii)  the  school violence measures undertaken by the school district,
    20  including all school codes and school safety plans required by  sections
    21  twenty-eight hundred one and twenty-eight hundred one-a of the education
    22  law; and
    23    (iii)  the  security needs which would be addressed by the presence of
    24  special security officers in the school or schools in the district.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08889-01-1
        A. 4852                             2

     1    (b) The department of education shall review the application and  have
     2  sole  authority to approve or deny the application. No application shall
     3  be approved where the school district has not timely submitted the annu-
     4  al report set out in subdivision three of section  twenty-eight  hundred
     5  two of the education law.
     6    (c)  Such  authorization shall be valid for no longer than four years.
     7  If, at any time, the trustees or board of education of a school district
     8  so authorized fail to timely submit the annual report set out in  subdi-
     9  vision  three  of section twenty-eight hundred two of the education law,
    10  such authorization shall be suspended pending submission.
    11    (d) A special security officer may carry a firearm during the hours of
    12  his or her employment subject to prior approval of the  school  district
    13  and appropriate licensing pursuant to section 400.00 of the penal law.
    14    3.  The trustees or board of education of a school district shall have
    15  the power to fix the compensation of  persons  so  employed,  either  at
    16  annual or per diem rates in the manner provided for in this subdivision.
    17  Employments  provided  for  in  this section shall not be subject to the
    18  provisions of section two hundred twelve of the  retirement  and  social
    19  security  law.    The  compensation  for  persons  employed  by a school
    20  district under this section shall not exceed the difference between  the
    21  amount  of  his or her pension (excluding the amount of any supplementa-
    22  tion thereto) and the amount of his or her final salary  as  defined  by
    23  section two hundred ten of the retirement and social security law.
    24    §  2.  Subdivision 1 of section 209-v of the general municipal law, as
    25  amended by chapter 843 of the laws  of  1980,  is  amended  to  read  as
    26  follows:
    27    1.    Notwithstanding  any  general,  local  or special law or charter
    28  provision, the governing board of any political subdivision may  author-
    29  ize  any  police or law enforcement agency of such political subdivision
    30  to employ retired former members of police or sheriff's departments,  or
    31  the  division  of  state police, or retired former correction, parole or
    32  probation officers for the purpose of  providing    special  [patrolmen]
    33  security  officers  in  publicly  owned  property  within such political
    34  subdivision[, including property of a  school  district,]  in  order  to
    35  protect the property or persons on such premises.
    36    § 3. Section 2.10 of the criminal procedure law is amended by adding a
    37  new subdivision 86 to read as follows:
    38    86.  Special  security officers employed by a school district pursuant
    39  to section two hundred nine-vv of the general municipal law, when acting
    40  pursuant to their duties as such, and such authority  being  limited  to
    41  the  school grounds, as defined in paragraph (a) of subdivision fourteen
    42  of section 220.00 of the penal law,  to  which  they  are  assigned  and
    43  limited  to  the  hours  of their employment during which classes are in
    44  session and during which a school sponsored extracurricular activity  is
    45  occurring  on  such  school  grounds; provided, however, that nothing in
    46  this subdivision shall be deemed to authorize  such  officer  to  carry,
    47  possess,  repair  or dispose of a firearm unless prior approval has been
    48  given by the school district and the appropriate license has been issued
    49  pursuant to section 400.00 of the penal law.
    50    § 4. This act shall take effect immediately.