A09576 Summary:

BILL NOA09576A
 
SAME ASSAME AS UNI. S07055-A
 
SPONSORThiele
 
COSPNSRRaia, Montesano, McDonald, Duprey, Ra, Murray, Crespo, Walter, Garbarino, Giglio, Crouch, Blake, Colton, Jean-Pierre, Santabarbara, Graf
 
MLTSPNSRBrabenec, Englebright, McKevitt, McLaughlin, Palmesano, Ramos
 
Add 209-vv, amd 209-v, Gen Muni L; amd 2.10, CP L
 
Relates to the employment of retired police officers as special security officers by school districts.
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A09576 Actions:

BILL NOA09576A
 
03/21/2016referred to codes
05/09/2016amend and recommit to codes
05/09/2016print number 9576a
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A09576 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9576A
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the general municipal law and the criminal procedure law, in relation to employment of retired police officers by school districts   PURPOSE OR GENERAL IDEA OF BILL: Relates to the employment of retired police officers as special security officers for school districts.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the General Municipal Law by adding a new Section 209-vv relating to employment of retired police officers as special security officers for school districts. Section 2. Subdivision 1 of Section 209-v of the General Municipal Law is amended to include special security officers within the provisions relating to the governing board of any political subdivision's authori- zation of any police or law enforcement agency to employ of specific law enforcement retirees to protect the property or persons on the premises of such political subdivision. Section 3. Section 2.10 of the Criminal Procedure Law is amended by adding a new subdivision 84 to provide that special security officers employed by a school district pursuant to the provisions of Section 209-vv of the General Municipal Law, when acting pursuant to their duties on school grounds during school hours and any school sponsored extracurricular activities on such school grounds, may carry a firearm only upon the approval of the school district and the appropriate licensing pursuant to section 400.00 of the penal law.   JUSTIFICATION: There is no question that the world we live in has changed dramatically with the alarming uptick in terrorist activity, mass shootings and random acts of violence. School districts are being cognizant of their responsibilities by upgrading and strengthening safety procedures in an effort to keep students and school staff out of harm's way. Many school districts feel it is in the best interest of those they serve to retain a retired law enforcement member to provide the most highly skilled and trained security detail. However, the income-earning restrictions set forth in Section 212 of the Retirement and Social Secu- rity Law which limits the amount a retiree may earn upon return to public service to $30,000, hinder a school district's ability to provide the consistent security coverage that a retired law enforcement officer could offer. While there currently is a waiver process for a retired public employee to earn more than $30,000 ("211 Waiver"), the strict and narrow guidelines make the process quite burdensome with no guarantee of approval. As such, school districts are forced to utilize a candidate that may be well trained, but lacks the expertise that can only be acquired through many years of hands-on experience. This legislation would authorize the trustees or board of education of any school district, with approval of the State Education Department, to employ retired former members of police or sheriff's departments, or the division of state police as special security officers. It sets forth an authorization process, application submission guidelines, necessary reporting requirements, and allows a special security officer to carry a firearm if approved by the school district and has the appropriate licensing pursuant to section 400.00 of the penal law. Further, it provides greater flexibility in hiring the best qualified candidate to protect our schools by granting the trustees or board of education of a school district the power the fix the compensation of special security officers not subject to the provisions of Section 212 of the Retirement and Social Security Law. Such compensation would be limited to no more than the difference between their pension and the amount of their final average salary.   PRIOR LEGISLATIVE HISTORY: New Legislation, 2016   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect January 1 next succeeding the date on which it shall have become a law.
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A09576 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7055--A                                            A. 9576--A
 
                SENATE - ASSEMBLY
 
                                     March 21, 2016
                                       ___________
 
        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  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said committee
 
        IN ASSEMBLY -- Introduced by M. of A. THIELE, RAIA, MONTESANO, McDONALD,
          DUPREY, RA, MURRAY, CRESPO, WALTER, GARBARINO, GIGLIO, CROUCH,  BLAKE,
          COLTON,  JEAN-PIERRE,  SANTABARBARA  -- Multi-Sponsored by -- M. of A.
          BRABENEC, ENGLEBRIGHT, McKEVITT, McLAUGHLIN -- read once and  referred
          to  the  Committee  on  Codes  --  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    § 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
    13  submit the annual report set out in subdivision three of  section  twen-
    14  ty-eight  hundred  two  of  the  education  law during the length of the
    15  authorization.
    16    2. (a) To be authorized pursuant to subdivision one of  this  section,
    17  the  trustees  or board of education of a school district must submit an
    18  application to the state department of education which sets forth:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14330-02-6

        S. 7055--A                          2                         A. 9576--A
 
     1    (i)the current security arrangements in such district,  including  the
     2  staff providing security, scheduled hours, and duties;
     3    (ii)the  school  violence  measures undertaken by the school district,
     4  including all school codes and school safety plans required by  sections
     5  twenty-eight hundred one and twenty-eight hundred one-a of the education
     6  law; and
     7    (iii)the  security  needs  which would be addressed by the presence of
     8  special security officers in the school or schools in the district.
     9    (b) The department of education shall review the application and  have
    10  sole  authority to approve or deny the application. No application shall
    11  be approved where the school district has not timely submitted the annu-
    12  al report set out in subdivision three of section  twenty-eight  hundred
    13  two of the education law.
    14    (c)  Such  authorization shall be valid for no longer than five years.
    15  If, at any time, the trustees or board of education of a school district
    16  so authorized fail to timely submit the annual report set out in  subdi-
    17  vision  three  of section twenty-eight hundred two of the education law,
    18  such authorization shall be suspended pending submission.
    19    (d) A special security officer may carry a firearm during the hours of
    20  his or her employment subject to prior approval of the  school  district
    21  and appropriate licensing pursuant to section 400.00 of the penal law.
    22    3.  The trustees or board of education of a school district shall have
    23  the power to fix the compensation of  persons  so  employed,  either  at
    24  annual or per diem rates in the manner provided for in this subdivision.
    25  Employments  provided  for  in  this section shall not be subject to the
    26  provisions of section two hundred twelve of the  retirement  and  social
    27  security  law.    The  compensation  for  persons  employed  by a school
    28  district under this section shall not exceed the difference between  the
    29  amount  of  his or her pension (excluding the amount of any supplementa-
    30  tion thereto) and the amount of his or her final salary  as  defined  by
    31  section two hundred ten of the retirement and social security law.
    32    §  2.  Subdivision 1 of section 209-v of the general municipal law, as
    33  amended by chapter 843 of the laws  of  1980,  is  amended  to  read  as
    34  follows:
    35    1.  Notwithstanding  any  general,  local  or  special  law or charter
    36  provision, the governing board of any political subdivision may  author-
    37  ize  any  police or law enforcement agency of such political subdivision
    38  to employ retired former members of police or sheriff's departments,  or
    39  the  division  of  state police, or retired former correction, parole or
    40  probation officers for the  purpose  of  providing  special  [patrolmen]
    41  security  officers  in  publicly  owned  property  within such political
    42  subdivision[, including property of a  school  district,]  in  order  to
    43  protect the property or persons on such premises.
    44    § 3. Section 2.10 of the criminal procedure law is amended by adding a
    45  new subdivision 84 to read as follows:
    46    84.  Special  security officers employed by a school district pursuant
    47  to section two hundred nine-vv of the general municipal law, when acting
    48  pursuant to their duties as such, and such authority  being  limited  to
    49  the  school grounds, as defined in paragraph (a) of subdivision fourteen
    50  of section 220.00 of the penal law,  to  which  they  are  assigned  and
    51  limited  to  the  hours  of their employment during which classes are in
    52  session and during which a school sponsored extracurricular activity  is
    53  occurring  on  such  school  grounds; provided, however, that nothing in
    54  this subdivision shall be deemed to authorize  such  officer  to  carry,
    55  possess,  repair  or dispose of a firearm unless prior approval has been

        S. 7055--A                          3                         A. 9576--A

     1  given by the school district and the appropriate license has been issued
     2  pursuant to section 400.00 of the penal law.
     3    §  4. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law.
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