S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4704
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  B. MILLER,  FINCH,  HAWLEY, KOLB, McDONOUGH,
   MONTESANO, RAIA -- 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:
   § 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
   (III)  THE  SECURITY NEEDS WHICH WOULD BE ADDRESSED BY THE PRESENCE OF
 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.
              

                                                            LBD06575-01-9

 A. 4704                             2
 
   (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.
   §  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.
   § 3. Section 2.10 of the criminal procedure law is amended by adding a
 new subdivision 85 to read as follows:
   85.  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.
   § 4. This act shall take effect immediately.