S T A T E   O F   N E W   Y O R K
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                                  5849

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2013
                               ___________

Introduced  by  M.  of  A. TENNEY, MONTESANO, GRAF, HAWLEY, FINCH, KOLB,
  McDONOUGH --  Multi-Sponsored  by  --  M.  of  A.  CERETTO,  P. LOPEZ,
  McLAUGHLIN -- 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:

  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
TWENTY-EIGHT HUNDRED ONE AND TWENTY-EIGHT HUNDRED ONE-A OF THE EDUCATION
LAW; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02955-03-3

              

A. 5849                             2

  (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) A SPECIAL SECURITY OFFICER MAY CARRY A FIREARM DURING THE HOURS OF
HIS  OR  HER EMPLOYMENT SUBJECT TO PRIOR APPROVAL OF THE SCHOOL DISTRICT
AND APPROPRIATE LICENSING PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
  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 84 to read as follows:
  84. 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 PRIOR APPROVAL  HAS  BEEN
GIVEN BY THE SCHOOL DISTRICT AND THE APPROPRIATE LICENSE HAS BEEN ISSUED
PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
  S 4. This act shall take effect immediately.