Bill Text: NY S04342 | 2009-2010 | General Assembly | Amended
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: (Engrossed - Dead) 2010-06-25 - referred to codes [S04342 Detail]
Download: New_York-2009-S04342-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4342--A 2009-2010 Regular Sessions I N S E N A T E April 22, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recom- mitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07307-03-0 S. 4342--A 2 1 TWENTY-EIGHT HUNDRED ONE AND TWENTY-EIGHT HUNDRED ONE-A OF THE EDUCATION 2 LAW; AND 3 (III) THE SECURITY NEEDS WHICH WOULD BE ADDRESSED BY THE PRESENCE OF 4 SPECIAL SECURITY OFFICERS IN THE SCHOOL OR SCHOOLS IN THE DISTRICT. 5 (B) THE DEPARTMENT OF EDUCATION SHALL REVIEW THE APPLICATION AND HAVE 6 SOLE AUTHORITY TO APPROVE OR DENY THE APPLICATION. NO APPLICATION SHALL 7 BE APPROVED WHERE THE SCHOOL DISTRICT HAS NOT TIMELY SUBMITTED THE ANNU- 8 AL REPORT SET OUT IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED 9 TWO OF THE EDUCATION LAW. 10 (C) SUCH AUTHORIZATION SHALL BE VALID FOR NO LONGER THAN FOUR YEARS. 11 IF, AT ANY TIME, THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT 12 SO AUTHORIZED FAIL TO TIMELY SUBMIT THE ANNUAL REPORT SET OUT IN SUBDI- 13 VISION THREE OF SECTION TWENTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW, 14 SUCH AUTHORIZATION SHALL BE SUSPENDED PENDING SUBMISSION. 15 (D) NO SPECIAL SECURITY OFFICER MAY CARRY A FIREARM DURING THE HOURS 16 OF HIS OR HER EMPLOYMENT. 17 3. THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT SHALL HAVE 18 THE POWER TO FIX THE COMPENSATION OF PERSONS SO EMPLOYED, EITHER AT 19 ANNUAL OR PER DIEM RATES IN THE MANNER PROVIDED FOR IN THIS SUBDIVISION. 20 EMPLOYMENTS PROVIDED FOR IN THIS SECTION SHALL NOT BE SUBJECT TO THE 21 PROVISIONS OF SECTION TWO HUNDRED TWELVE OF THE RETIREMENT AND SOCIAL 22 SECURITY LAW. THE COMPENSATION FOR PERSONS EMPLOYED BY A SCHOOL 23 DISTRICT UNDER THIS SECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN THE 24 AMOUNT OF HIS OR HER PENSION (EXCLUDING THE AMOUNT OF ANY SUPPLEMENTA- 25 TION THERETO) AND THE AMOUNT OF HIS OR HER FINAL SALARY AS DEFINED BY 26 SECTION TWO HUNDRED TEN OF THE RETIREMENT AND SOCIAL SECURITY LAW. 27 S 2. Subdivision 1 of section 209-v of the general municipal law, as 28 amended by chapter 843 of the laws of 1980, is amended to read as 29 follows: 30 1. Notwithstanding any general, local or special law or charter 31 provision, the governing board of any political subdivision may author- 32 ize any police or law enforcement agency of such political subdivision 33 to employ retired former members of police or sheriff's departments, or 34 the division of state police, or retired former correction, parole or 35 probation officers for the purpose of providing special [patrolmen] 36 SECURITY OFFICERS in publicly owned property within such political 37 subdivision[, including property of a school district,] in order to 38 protect the property or persons on such premises. 39 S 3. Section 2.10 of the criminal procedure law is amended by adding a 40 new subdivision 83 to read as follows: 41 83. SPECIAL SECURITY OFFICERS EMPLOYED BY A SCHOOL DISTRICT PURSUANT 42 TO SECTION TWO HUNDRED NINE-VV OF THE GENERAL MUNICIPAL LAW, WHEN ACTING 43 PURSUANT TO THEIR DUTIES AS SUCH, AND SUCH AUTHORITY BEING LIMITED TO 44 THE SCHOOL GROUNDS, AS DEFINED IN PARAGRAPH A OF SUBDIVISION FOURTEEN OF 45 SECTION 220.00 OF THE PENAL LAW, TO WHICH THEY ARE ASSIGNED AND LIMITED 46 TO THE HOURS OF THEIR EMPLOYMENT DURING WHICH CLASSES ARE IN SESSION AND 47 DURING WHICH A SCHOOL SPONSORED EXTRACURRICULAR ACTIVITY IS OCCURRING ON 48 SUCH SCHOOL GROUNDS; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION 49 SHALL BE DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS, REPAIR OR 50 DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR HAS BEEN 51 ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW. NO SPECIAL SECURITY 52 OFFICER MAY CARRY A FIREARM DURING THE HOURS OF HIS OR HER EMPLOYMENT. 53 S 4. This act shall take effect immediately.