Bill Text: NY A05849 | 2013-2014 | 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 13-0)

Status: (Introduced - Dead) 2014-05-28 - held for consideration in codes [A05849 Detail]

Download: New_York-2013-A05849-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5849
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 7, 2013
                                      ___________
       Introduced  by  M.  of  A. TENNEY, MONTESANO, GRAF, HAWLEY, FINCH, KOLB,
         McDONOUGH --  Multi-Sponsored  by  --  M.  of  A.  CERETTO,  P. LOPEZ,
         McLAUGHLIN -- 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    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02955-03-3
       A. 5849                             2
    1    (III) THE SECURITY NEEDS WHICH WOULD BE ADDRESSED BY THE  PRESENCE  OF
    2  SPECIAL SECURITY OFFICERS IN THE SCHOOL OR SCHOOLS IN THE DISTRICT.
    3    (B)  THE DEPARTMENT OF EDUCATION SHALL REVIEW THE APPLICATION AND HAVE
    4  SOLE AUTHORITY TO APPROVE OR DENY THE APPLICATION. NO APPLICATION  SHALL
    5  BE APPROVED WHERE THE SCHOOL DISTRICT HAS NOT TIMELY SUBMITTED THE ANNU-
    6  AL  REPORT  SET OUT IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED
    7  TWO OF THE EDUCATION LAW.
    8    (C) SUCH AUTHORIZATION SHALL BE VALID FOR NO LONGER THAN  FOUR  YEARS.
    9  IF, AT ANY TIME, THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT
   10  SO  AUTHORIZED FAIL TO TIMELY SUBMIT THE ANNUAL REPORT SET OUT IN SUBDI-
   11  VISION THREE OF SECTION TWENTY-EIGHT HUNDRED TWO OF THE  EDUCATION  LAW,
   12  SUCH AUTHORIZATION SHALL BE SUSPENDED PENDING SUBMISSION.
   13    (D) A SPECIAL SECURITY OFFICER MAY CARRY A FIREARM DURING THE HOURS OF
   14  HIS  OR  HER EMPLOYMENT SUBJECT TO PRIOR APPROVAL OF THE SCHOOL DISTRICT
   15  AND APPROPRIATE LICENSING PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   16    3. THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT SHALL  HAVE
   17  THE  POWER  TO  FIX  THE  COMPENSATION OF PERSONS SO EMPLOYED, EITHER AT
   18  ANNUAL OR PER DIEM RATES IN THE MANNER PROVIDED FOR IN THIS SUBDIVISION.
   19  EMPLOYMENTS PROVIDED FOR IN THIS SECTION SHALL NOT  BE  SUBJECT  TO  THE
   20  PROVISIONS  OF  SECTION  TWO HUNDRED TWELVE OF THE RETIREMENT AND SOCIAL
   21  SECURITY LAW.   THE  COMPENSATION  FOR  PERSONS  EMPLOYED  BY  A  SCHOOL
   22  DISTRICT  UNDER THIS SECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN THE
   23  AMOUNT OF HIS OR HER PENSION (EXCLUDING THE AMOUNT OF  ANY  SUPPLEMENTA-
   24  TION  THERETO)  AND  THE AMOUNT OF HIS OR HER FINAL SALARY AS DEFINED BY
   25  SECTION TWO HUNDRED TEN OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   26    S 2. Subdivision 1 of section 209-v of the general municipal  law,  as
   27  amended  by  chapter  843  of  the  laws  of 1980, is amended to read as
   28  follows:
   29    1.   Notwithstanding any general, local  or  special  law  or  charter
   30  provision,  the governing board of any political subdivision may author-
   31  ize any police or law enforcement agency of such  political  subdivision
   32  to  employ retired former members of police or sheriff's departments, or
   33  the division of state police, or retired former  correction,  parole  or
   34  probation  officers  for  the purpose of providing   special [patrolmen]
   35  SECURITY OFFICERS in  publicly  owned  property  within  such  political
   36  subdivision[,  including  property  of  a  school district,] in order to
   37  protect the property or persons on such premises.
   38    S 3. Section 2.10 of the criminal procedure law is amended by adding a
   39  new subdivision 84 to read as follows:
   40    84. SPECIAL SECURITY OFFICERS EMPLOYED BY A SCHOOL  DISTRICT  PURSUANT
   41  TO SECTION TWO HUNDRED NINE-VV OF THE GENERAL MUNICIPAL LAW, WHEN ACTING
   42  PURSUANT  TO  THEIR  DUTIES AS SUCH, AND SUCH AUTHORITY BEING LIMITED TO
   43  THE SCHOOL GROUNDS, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION  FOURTEEN
   44  OF  SECTION  220.00  OF  THE  PENAL  LAW, TO WHICH THEY ARE ASSIGNED AND
   45  LIMITED TO THE HOURS OF THEIR EMPLOYMENT DURING  WHICH  CLASSES  ARE  IN
   46  SESSION  AND DURING WHICH A SCHOOL SPONSORED EXTRACURRICULAR ACTIVITY IS
   47  OCCURRING ON SUCH SCHOOL GROUNDS; PROVIDED,  HOWEVER,  THAT  NOTHING  IN
   48  THIS  SUBDIVISION  SHALL  BE  DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY,
   49  POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS PRIOR APPROVAL  HAS  BEEN
   50  GIVEN BY THE SCHOOL DISTRICT AND THE APPROPRIATE LICENSE HAS BEEN ISSUED
   51  PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   52    S 4. This act shall take effect immediately.