Add §209-vv, amd §209-v, Gen Muni L; amd §2.10, CP L
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.
STATE OF NEW YORK
________________________________________________________________________
4852
2021-2022 Regular Sessions
IN ASSEMBLY
February 8, 2021
___________
Introduced by M. of A. B. MILLER -- 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 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.
LBD08889-01-1
A. 4852 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) A special security officer may carry a firearm during the hours of
12 his or her employment subject to prior approval of the school district
13 and appropriate licensing pursuant to section 400.00 of the penal law.
14 3. The trustees or board of education of a school district shall have
15 the power to fix the compensation of persons so employed, either at
16 annual or per diem rates in the manner provided for in this subdivision.
17 Employments provided for in this section shall not be subject to the
18 provisions of section two hundred twelve of the retirement and social
19 security law. The compensation for persons employed by a school
20 district under this section shall not exceed the difference between the
21 amount of his or her pension (excluding the amount of any supplementa-
22 tion thereto) and the amount of his or her final salary as defined by
23 section two hundred ten of the retirement and social security law.
24 § 2. Subdivision 1 of section 209-v of the general municipal law, as
25 amended by chapter 843 of the laws of 1980, is amended to read as
26 follows:
27 1. Notwithstanding any general, local or special law or charter
28 provision, the governing board of any political subdivision may author-
29 ize any police or law enforcement agency of such political subdivision
30 to employ retired former members of police or sheriff's departments, or
31 the division of state police, or retired former correction, parole or
32 probation officers for the purpose of providing special [patrolmen]
33 security officers in publicly owned property within such political
34 subdivision[, including property of a school district,] in order to
35 protect the property or persons on such premises.
36 § 3. Section 2.10 of the criminal procedure law is amended by adding a
37 new subdivision 86 to read as follows:
38 86. Special security officers employed by a school district pursuant
39 to section two hundred nine-vv of the general municipal law, when acting
40 pursuant to their duties as such, and such authority being limited to
41 the school grounds, as defined in paragraph (a) of subdivision fourteen
42 of section 220.00 of the penal law, to which they are assigned and
43 limited to the hours of their employment during which classes are in
44 session and during which a school sponsored extracurricular activity is
45 occurring on such school grounds; provided, however, that nothing in
46 this subdivision shall be deemed to authorize such officer to carry,
47 possess, repair or dispose of a firearm unless prior approval has been
48 given by the school district and the appropriate license has been issued
49 pursuant to section 400.00 of the penal law.
50 § 4. This act shall take effect immediately.
