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S04559 Summary:

BILL NOS04559C
 
SAME ASSAME AS A05903-B
 
SPONSORMARTINEZ
 
COSPNSR
 
MLTSPNSR
 
Add Art 7-A §89-x, Gen Bus L; amd §§841 & 841-b, Exec L
 
Enacts the "school security guard training enhancement act"; provides requirements for a specialized certification for school security guards, including, but not limited to, retired police officers; requires topics including, but not limited to, the role and responsibility of school security officers, school-related laws and liability, security awareness in the educational environment, mediation/conflict resolution, disasters and emergencies and dynamics of student behavior be covered in such training and program; provides that such specialized certification and training program shall be implemented and enforced by the department of state, in consultation with the department of education and the department of criminal justice services, the division of homeland security and emergency services, state police and local law enforcement.
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S04559 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4559--C
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 10, 2023
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Consumer Protection 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  business law and the executive law, in
          relation to enacting the "school security guard  training  enhancement
          act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "school security guard training enhancement act".
     3    §  2.  Article  7-A of the general business law is amended by adding a
     4  new section 89-x to read as follows:
     5    § 89-x. Applicability to school security guards.   1. School  security
     6  guards  employed or contracted by a school in this state, including, but
     7  not limited to, retired police officers that have been retired for  more
     8  than  five  years, shall obtain a specialized certification, in addition
     9  to the general security guard license required  by  article  seven-A  of
    10  this   chapter.   Such   specialized  certification  shall  require  the
    11  completion of a school-specific training  program,  including,  but  not
    12  limited to, role and responsibility of school security officers, school-
    13  related  laws and liability, security awareness in the educational envi-
    14  ronment, youth mediation/conflict resolution, disasters and emergencies,
    15  dynamics  of  student  behavior  and  cultural  awareness,   restorative
    16  justice, crisis prevention, and the Dignity for All Students Act (DASA).
    17    2.  The specialized training program shall be implemented and enforced
    18  by the department, in consultation with the department of education  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06438-10-4

        S. 4559--C                          2
 
     1  the  department  of  criminal justice services, the division of homeland
     2  security, state police and local law enforcement.  Such training program
     3  shall be standardized and approved statewide.
     4    3.  The secretary shall, in consultation with the department of educa-
     5  tion and the security guard advisory council, adopt  rules   and   regu-
     6  lations  implementing    the  provisions of this section. Such rules and
     7  regulations shall include, but not be limited to:
     8    (a) requirements of the specialized  certification and school-specific
     9  training program;
    10    (b) criteria determining if prior training and experience may be  used
    11  to satisfy the training requirements of such specialized certification;
    12    (c)  the  period  of  time  after  this section becomes a law when the
    13  program shall be implemented; and
    14    (d) upon implementation of  the  certification  program,  determine  a
    15  period  of  time  not  to  exceed one year that individuals will have to
    16  obtain such certificate to continue serving as a school security guard.
    17    4. Nothing in this section shall supersede the language of any collec-
    18  tively bargained agreement subject to  article  fourteen  of  the  civil
    19  service  law.  Any  costs  associated  with this training, or leave time
    20  required, shall be subject to a collectively bargained  agreement  under
    21  article fourteen of the civil service law.
    22    §  3.  Paragraphs (c) and (d) of subdivision 1 of section 841-b of the
    23  executive law, as added by chapter 336 of the laws of 1992, are  amended
    24  and a new paragraph (e) is added to read as follows:
    25    (c)  minimum qualifications for instructors at approved security guard
    26  training schools and training programs; [and]
    27    (d) the subject matter of all  training  requirements  which  security
    28  guards  and  security guard applicants must complete before being regis-
    29  tered as unarmed and armed security guards[.]; and
    30    (e) the training requirements for the school-specific training program
    31  described in section eighty-nine-x of the general business law.
    32    § 4. Subdivision 7 of section 841 of the executive law, as amended  by
    33  section  6  of  part  Q of chapter 56 of the laws of 2009, is amended to
    34  read as follows:
    35    7. Consult with and cooperate with other departments and  agencies  of
    36  the  state  concerned  with  police officer, school security guards, and
    37  peace officer training;
    38    § 5. This act shall take effect on the one hundred eightieth day after
    39  it shall have become a law.  Effective immediately, the addition, amend-
    40  ment and/or repeal of any rule or regulation necessary for the implemen-
    41  tation of this act on its effective date are authorized to be  made  and
    42  completed on or before such effective date.
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