S T A T E   O F   N E W   Y O R K
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                                 8196--A
                                                        Cal. No. 900

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2009
                               ___________

Introduced by M. of A. TOWNSEND, KOLB, THIELE, BACALLES, JORDAN, CALHOUN
  --  Multi-Sponsored  by  -- M. of A. BURLING, CROUCH, FINCH, P. LOPEZ,
  McDONOUGH, McKEVITT, MOLINARO, SALADINO -- read once and  referred  to
  the Committee on Codes -- reported from committee, advanced to a third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

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:

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 209-vv to read as follows:
  S 209-VV. EMPLOYMENT OF RETIRED POLICE OFFICERS  AS  SPECIAL  SECURITY
OFFICERS FOR SCHOOL DISTRICTS. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR
REGULATION,  THE  TRUSTEES  OR BOARD OF EDUCATION OF ANY SCHOOL DISTRICT
APPROVED PURSUANT TO SUBDIVISION TWO OF THIS SECTION ARE  AUTHORIZED  TO
EMPLOY RETIRED FORMER MEMBERS OF POLICE OR SHERIFF'S DEPARTMENTS, OR THE
DIVISION  OF  STATE POLICE FOR THE PURPOSE OF PROVIDING SPECIAL SECURITY
OFFICERS IN THE SCHOOLS OF SUCH SCHOOL DISTRICT, IN ORDER TO PROTECT THE
PROPERTY OR PERSONS ON SUCH PREMISES.  THE TRUSTEES OR BOARD  OF  EDUCA-
TION OF ANY SCHOOL DISTRICT SO AUTHORIZED SHALL TIMELY SUBMIT THE ANNUAL
REPORT  SET OUT IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED TWO
OF THE EDUCATION LAW DURING THE LENGTH OF THE AUTHORIZATION.
  2. (A) TO BE AUTHORIZED PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION,
THE  TRUSTEES  OR BOARD OF EDUCATION OF A SCHOOL DISTRICT MUST SUBMIT AN
APPLICATION TO THE STATE DEPARTMENT OF EDUCATION WHICH SETS FORTH:
  (I) THE CURRENT SECURITY ARRANGEMENTS IN SUCH DISTRICT, INCLUDING  THE
STAFF PROVIDING SECURITY, SCHEDULED HOURS, AND DUTIES;
  (II)  THE  SCHOOL VIOLENCE MEASURES UNDERTAKEN BY THE SCHOOL DISTRICT,
INCLUDING ALL SCHOOL CODES AND SCHOOL SAFETY PLANS REQUIRED BY  SECTIONS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD07307-02-0

A. 8196--A                          2

TWENTY-EIGHT HUNDRED ONE AND TWENTY-EIGHT HUNDRED ONE-A OF THE EDUCATION
LAW; AND
  (III)  THE  SECURITY NEEDS WHICH WOULD BE ADDRESSED BY THE PRESENCE OF
SPECIAL SECURITY OFFICERS IN THE SCHOOL OR SCHOOLS IN THE DISTRICT.
  (B) THE DEPARTMENT OF EDUCATION SHALL REVIEW THE APPLICATION AND  HAVE
SOLE  AUTHORITY TO APPROVE OR DENY THE APPLICATION. NO APPLICATION SHALL
BE APPROVED WHERE THE SCHOOL DISTRICT HAS NOT TIMELY SUBMITTED THE ANNU-
AL REPORT SET OUT IN SUBDIVISION THREE OF SECTION  TWENTY-EIGHT  HUNDRED
TWO OF THE EDUCATION LAW.
  (C)  SUCH  AUTHORIZATION SHALL BE VALID FOR NO LONGER THAN FOUR YEARS.
IF, AT ANY TIME, THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT
SO AUTHORIZED FAIL TO TIMELY SUBMIT THE ANNUAL REPORT SET OUT IN  SUBDI-
VISION  THREE  OF SECTION TWENTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW,
SUCH AUTHORIZATION SHALL BE SUSPENDED PENDING SUBMISSION.
  (D) NO SPECIAL SECURITY OFFICER MAY CARRY A FIREARM DURING  THE  HOURS
OF HIS OR HER EMPLOYMENT.
  3.  THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT SHALL HAVE
THE POWER TO FIX THE COMPENSATION OF  PERSONS  SO  EMPLOYED,  EITHER  AT
ANNUAL OR PER DIEM RATES IN THE MANNER PROVIDED FOR IN THIS SUBDIVISION.
EMPLOYMENTS  PROVIDED  FOR  IN  THIS SECTION SHALL NOT BE SUBJECT TO THE
PROVISIONS OF SECTION TWO HUNDRED TWELVE OF THE  RETIREMENT  AND  SOCIAL
SECURITY  LAW.    THE  COMPENSATION  FOR  PERSONS  EMPLOYED  BY A SCHOOL
DISTRICT UNDER THIS SECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN  THE
AMOUNT  OF  HIS OR HER PENSION (EXCLUDING THE AMOUNT OF ANY SUPPLEMENTA-
TION THERETO) AND THE AMOUNT OF HIS OR HER FINAL SALARY  AS  DEFINED  BY
SECTION TWO HUNDRED TEN OF THE RETIREMENT AND SOCIAL SECURITY LAW.
  S  2.  Subdivision 1 of section 209-v of the general municipal law, as
amended by chapter 843 of the laws  of  1980,  is  amended  to  read  as
follows:
  1.    Notwithstanding  any  general,  local  or special law or charter
provision, the governing board of any political subdivision may  author-
ize  any  police or law enforcement agency of such political subdivision
to employ retired former members of police or sheriff's departments,  or
the  division  of  state police, or retired former correction, parole or
probation officers for the purpose of  providing    special  [patrolmen]
SECURITY  OFFICERS  in  publicly  owned  property  within such political
subdivision[, including property of a  school  district,]  in  order  to
protect the property or persons on such premises.
  S 3. Section 2.10 of the criminal procedure law is amended by adding a
new subdivision 83 to read as follows:
  83.  SPECIAL  SECURITY OFFICERS EMPLOYED BY A SCHOOL DISTRICT PURSUANT
TO SECTION TWO HUNDRED NINE-VV OF THE GENERAL MUNICIPAL LAW, WHEN ACTING
PURSUANT TO THEIR DUTIES AS SUCH, AND SUCH AUTHORITY  BEING  LIMITED  TO
THE SCHOOL GROUNDS, AS DEFINED IN PARAGRAPH A OF SUBDIVISION FOURTEEN OF
SECTION  220.00 OF THE PENAL LAW, TO WHICH THEY ARE ASSIGNED AND LIMITED
TO THE HOURS OF THEIR EMPLOYMENT DURING WHICH CLASSES ARE IN SESSION AND
DURING WHICH A SCHOOL SPONSORED EXTRACURRICULAR ACTIVITY IS OCCURRING ON
SUCH SCHOOL GROUNDS; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION
SHALL BE DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS,  REPAIR  OR
DISPOSE  OF  A  FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR HAS BEEN
ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW. NO SPECIAL  SECURITY
OFFICER MAY CARRY A FIREARM DURING THE HOURS OF HIS OR HER EMPLOYMENT.
  S 4. This act shall take effect immediately.