Bill Text: NY A04292 | 2017-2018 | General Assembly | Amended
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 4050--A A. 4292--A 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 -- recommitted 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 IN ASSEMBLY -- Introduced by M. of A. THIELE, RAIA, MONTESANO, McDONALD, RA, MURRAY, CRESPO, WALTER, GARBARINO, GIGLIO, CROUCH, BLAKE, COLTON, JEAN-PIERRE, SANTABARBARA, NORRIS -- Multi-Sponsored by -- M. of A. BRABENEC, ENGLEBRIGHT, PALMESANO, RAMOS -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04113-02-8S. 4050--A 2 A. 4292--A 1 submit the annual report set out in subdivision three of section twen- 2 ty-eight hundred two of the education law during the length of the 3 authorization. 4 2. (a) To be authorized pursuant to subdivision one of this section, 5 the trustees or board of education of a school district must submit an 6 application to the state department of education which sets forth: 7 (i) the current security arrangements in such district, including the 8 staff providing security, scheduled hours, and duties; 9 (ii) the school violence measures undertaken by the school district, 10 including all school codes and school safety plans required by sections 11 twenty-eight hundred one and twenty-eight hundred one-a of the education 12 law; and 13 (iii) the security needs which would be addressed by the presence of 14 special security officers in the school or schools in the district. 15 (b) The department of education shall review the application and have 16 sole authority to approve or deny the application. No application shall 17 be approved where the school district has not timely submitted the annu- 18 al report set out in subdivision three of section twenty-eight hundred 19 two of the education law. 20 (c) Such authorization shall be valid for no longer than five years. 21 If, at any time, the trustees or board of education of a school district 22 so authorized fail to timely submit the annual report set out in subdi- 23 vision three of section twenty-eight hundred two of the education law, 24 such authorization shall be suspended pending submission. 25 (d) A special security officer may carry a firearm during the hours of 26 his or her employment subject to prior approval of the school district 27 and appropriate licensing pursuant to section 400.00 of the penal law. 28 3. The trustees or board of education of a school district shall have 29 the power to fix the compensation of persons so employed, either at 30 annual or per diem rates in the manner provided for in this subdivision. 31 Employments provided for in this section shall not be subject to the 32 provisions of section two hundred twelve of the retirement and social 33 security law. The compensation for persons employed by a school 34 district under this section shall not exceed the difference between the 35 amount of his or her pension (excluding the amount of any supplementa- 36 tion thereto) and the amount of his or her final salary as defined by 37 section two hundred ten of the retirement and social security law. 38 § 2. Subdivision 1 of section 209-v of the general municipal law, as 39 amended by chapter 843 of the laws of 1980, is amended to read as 40 follows: 41 1. Notwithstanding any general, local or special law or charter 42 provision, the governing board of any political subdivision may author- 43 ize any police or law enforcement agency of such political subdivision 44 to employ retired former members of police or sheriff's departments, or 45 the division of state police, or retired former correction, parole or 46 probation officers for the purpose of providing special [patrolmen] 47 security officers in publicly owned property within such political 48 subdivision[, including property of a school district,] in order to 49 protect the property or persons on such premises. 50 § 3. Section 2.10 of the criminal procedure law is amended by adding a 51 new subdivision 85 to read as follows: 52 85. Special security officers employed by a school district pursuant 53 to section two hundred nine-vv of the general municipal law, when acting 54 pursuant to their duties as such, and such authority being limited to 55 the school grounds, as defined in paragraph (a) of subdivision fourteen 56 of section 220.00 of the penal law, to which they are assigned andS. 4050--A 3 A. 4292--A 1 limited to the hours of their employment during which classes are in 2 session and during which a school sponsored extracurricular activity is 3 occurring on such school grounds; provided, however, that nothing in 4 this subdivision shall be deemed to authorize such officer to carry, 5 possess, repair or dispose of a firearm unless prior approval has been 6 given by the school district and the appropriate license has been issued 7 pursuant to section 400.00 of the penal law. 8 § 4. This act shall take effect on the first of January next succeed- 9 ing the date on which it shall have become a law.
