Bill Text: NY S02962 | 2011-2012 | General Assembly | Introduced
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 (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-03 - REFERRED TO LOCAL GOVERNMENT [S02962 Detail]
Download: New_York-2011-S02962-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2962 2011-2012 Regular Sessions I N S E N A T E February 3, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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 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. LBD06664-01-1 S. 2962 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) NO SPECIAL SECURITY OFFICER MAY CARRY A FIREARM DURING THE HOURS 12 OF HIS OR HER EMPLOYMENT. 13 3. THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT SHALL HAVE 14 THE POWER TO FIX THE COMPENSATION OF PERSONS SO EMPLOYED, EITHER AT 15 ANNUAL OR PER DIEM RATES IN THE MANNER PROVIDED FOR IN THIS SUBDIVISION. 16 EMPLOYMENTS PROVIDED FOR IN THIS SECTION SHALL NOT BE SUBJECT TO THE 17 PROVISIONS OF SECTION TWO HUNDRED TWELVE OF THE RETIREMENT AND SOCIAL 18 SECURITY LAW. THE COMPENSATION FOR PERSONS EMPLOYED BY A SCHOOL 19 DISTRICT UNDER THIS SECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN THE 20 AMOUNT OF HIS OR HER PENSION (EXCLUDING THE AMOUNT OF ANY SUPPLEMENTA- 21 TION THERETO) AND THE AMOUNT OF HIS OR HER FINAL SALARY AS DEFINED BY 22 SECTION TWO HUNDRED TEN OF THE RETIREMENT AND SOCIAL SECURITY LAW. 23 S 2. Subdivision 1 of section 209-v of the general municipal law, as 24 amended by chapter 843 of the laws of 1980, is amended to read as 25 follows: 26 1. Notwithstanding any general, local or special law or charter 27 provision, the governing board of any political subdivision may author- 28 ize any police or law enforcement agency of such political subdivision 29 to employ retired former members of police or sheriff's departments, or 30 the division of state police, or retired former correction, parole or 31 probation officers for the purpose of providing special [patrolmen] 32 SECURITY OFFICERS in publicly owned property within such political 33 subdivision[, including property of a school district,] in order to 34 protect the property or persons on such premises. 35 S 3. Section 2.10 of the criminal procedure law is amended by adding a 36 new subdivision 83 to read as follows: 37 83. SPECIAL SECURITY OFFICERS EMPLOYED BY A SCHOOL DISTRICT PURSUANT 38 TO SECTION TWO HUNDRED NINE-VV OF THE GENERAL MUNICIPAL LAW, WHEN ACTING 39 PURSUANT TO THEIR DUTIES AS SUCH, AND SUCH AUTHORITY BEING LIMITED TO 40 THE SCHOOL GROUNDS, AS DEFINED IN PARAGRAPH A OF SUBDIVISION FOURTEEN OF 41 SECTION 220.00 OF THE PENAL LAW, TO WHICH THEY ARE ASSIGNED AND LIMITED 42 TO THE HOURS OF THEIR EMPLOYMENT DURING WHICH CLASSES ARE IN SESSION AND 43 DURING WHICH A SCHOOL SPONSORED EXTRACURRICULAR ACTIVITY IS OCCURRING ON 44 SUCH SCHOOL GROUNDS; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION 45 SHALL BE DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS, REPAIR OR 46 DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR HAS BEEN 47 ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW. NO SPECIAL SECURITY 48 OFFICER MAY CARRY A FIREARM DURING THE HOURS OF HIS OR HER EMPLOYMENT. 49 S 4. This act shall take effect immediately.