A09576 Summary:

BILL NOA09576
 
SAME ASSAME AS UNI. S07055
 
SPONSORThiele
 
COSPNSRRaia, Montesano, McDonald, Duprey, Ra, Murray, Crespo, Walter, Garbarino, Giglio, Crouch, Blake, Colton, Jean-Pierre
 
MLTSPNSRBrabenec, Englebright, McKevitt, McLaughlin
 
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 NOA09576
 
03/21/2016referred to codes
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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: A9576
 
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. 9576
 
                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
 
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- 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    § 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 education
    11  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.
                                                                   LBD14330-01-6

        S. 7055                             2                            A. 9576
 
     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  five  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    § 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    § 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    §  4. This act shall take effect on the first of January next succeed-
    53  ing the date on which it shall have become a law.
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