S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7517
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to requiring the  dissem-
   ination  of  materials  regarding child access prevention and the safe
   storage of firearms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new section 808-a
 to read as follows:
   § 808-A. FIREARMS; CHILD ACCESS PREVENTION AND SAFE  STORAGE.  1.  FOR
 THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   A. "SCHOOL DISTRICT" SHALL  MEAN  ANY  CITY  SCHOOL  DISTRICT,  COMMON
 SCHOOL  DISTRICT, UNION FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT OR
 CENTRAL HIGH SCHOOL DISTRICT;
   B. "SCHOOL" SHALL MEAN ANY PUBLIC  SCHOOL  DISTRICT,  CHARTER  SCHOOL,
 PRIVATE  SCHOOL,  PAROCHIAL  SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES;
   C. "PRIVATE SCHOOL" SHALL MEAN A PERSON, FIRM,  ASSOCIATION,  PARTNER-
 SHIP,  OR  CORPORATION OFFERING OR CONDUCTING PRIVATE SCHOOL INSTRUCTION
 IN THE STATE;
   D. "NOTICE" SHALL  MEAN  WRITTEN  INFORMATION  OF  THE  MODEL  CONTENT
 OUTLINED  IN  SUBDIVISION  TWO  OF  THIS SECTION, PRODUCED IN A CONCISE,
 PUBLISHABLE FORMAT,  SUCH  AS  A  BROCHURE,  FLYER,  HANDBILL,  LEAFLET,
 LETTER,  OR  PAMPHLET,  THAT  IS  INTENDED  TO  BE  PROVIDED DIRECTLY TO
 PARENTS, GUARDIANS, OR PERSONS IN PARENTAL RELATION TO A STUDENT OF  THE
 SCHOOL,  DELIVERED TO A RECEPTACLE DESIGNATED FOR A STUDENT, MAILED TO A
 STUDENT'S LAST KNOWN ADDRESS, EMAILED TO A PERSON IN  PARENTAL  RELATION
 TO A STUDENT OF THE SCHOOL, OR DELIVERED BY ANY OTHER REASONABLE METHODS
 AUTHORIZED BY THE COMMISSIONER; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11045-02-3
 A. 7517                             2
              

 
   E.  "SCHOOL YEAR" SHALL MEAN THE PERIOD COMMENCING ON THE FIRST DAY OF
 REGULAR INSTRUCTION AND SHALL END ON THE LAST DAY OF INSTRUCTION.
   2.  A.  ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPART-
 MENT SHALL DEVELOP MODEL CONTENT FOR NOTICE,  PRODUCED  IN  THE  ENGLISH
 LANGUAGE  AND IN COMMON NON-ENGLISH LANGUAGES SPOKEN IN THE STATE, WHICH
 SHALL INCLUDE, AT A MINIMUM,  INFORMATION  OUTLINING  NEW  YORK'S  CHILD
 ACCESS  PREVENTION  LAWS  AND  LAWS  RELATING  TO  THE  SAFE  STORAGE OF
 FIREARMS, INCLUDING, BUT NOT LIMITED TO, SECTIONS 265.45 AND  265.50  OF
 THE  PENAL  LAW. THE MODEL CONTENT SHALL ALSO INCLUDE RELEVANT STATEWIDE
 RESOURCES AND INFORMATION RELATED TO CHILD ACCESS PREVENTION,  THE  SAFE
 STORAGE OF FIREARMS, AND FIREARM VIOLENCE PREVENTION.
   B.    SUCH  MODEL  CONTENT  SHALL  DESIGNATE A SECTION FOR COUNTY- AND
 LOCAL-SPECIFIC LAWS AND REGULATIONS SUBMITTED TO IT BY  EACH  COUNTY  AS
 OUTLINED  IN  SUBDIVISION  THREE  OF  THIS SECTION. THE DEPARTMENT SHALL
 TAILOR THE MODEL CONTENT FOR EACH COUNTY BY INCLUDING IN THE  DESIGNATED
 SECTION  FOR COUNTY- AND LOCAL-SPECIFIC LAWS AND REGULATIONS THE COUNTY-
 AND LOCAL-SPECIFIC LAWS SUBMITTED TO IT BY EACH COUNTY.
   C. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FIVE,  AND  EACH  JULY
 FIRST  THEREAFTER,  THE DEPARTMENT SHALL UPDATE, AS NECESSARY, THE MODEL
 CONTENT DEVELOPED PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION.
   D. THE DEPARTMENT  SHALL  PUBLISH  THE  MODEL  CONTENT  DEVELOPED  AND
 UPDATED  PURSUANT  TO  PARAGRAPHS A, B, AND C OF THIS SUBDIVISION ON ITS
 WEBSITE.
   3. A. ON OR BEFORE MAY FIRST, TWO THOUSAND TWENTY-FOUR,  EVERY  COUNTY
 SHALL SUBMIT TO THE DEPARTMENT ALL INFORMATION OF COUNTY- AND LOCAL-SPE-
 CIFIC  LAWS  AND  REGULATIONS RELATED TO CHILD ACCESS PREVENTION AND THE
 SAFE STORAGE OF FIREARMS.
   B. ON OR BEFORE MAY FIRST, TWO  THOUSAND  TWENTY-FIVE,  AND  EACH  MAY
 FIRST  THEREAFTER,  EVERY  COUNTY  SHALL  SUBMIT  TO  THE DEPARTMENT ANY
 UPDATED INFORMATION, INSOFAR AS IT EXISTS, OF COUNTY- AND LOCAL-SPECIFIC
 LAWS RELATED  TO  CHILD  ACCESS  PREVENTION  AND  THE  SAFE  STORAGE  OF
 FIREARMS.
   4.  ON  OR  BEFORE  JULY FIRST, TWO THOUSAND TWENTY-FOUR, EVERY SCHOOL
 DISTRICT SHALL ESTABLISH POLICIES AND PROCEDURES FOR  DELIVERING  NOTICE
 OF  THE  MODEL CONTENT OUTLINED IN PARAGRAPHS A AND B OF SUBDIVISION TWO
 OF THIS SECTION TO PARENTS, GUARDIANS, OR PERSONS IN  PARENTAL  RELATION
 TO THE STUDENTS OF THE DISTRICT.
   5.  BEGINNING  ON  JULY  FIRST,  TWO  THOUSAND TWENTY-FOUR, ALL SCHOOL
 DISTRICTS SHALL PROVIDE NOTICE, AT THE BEGINNING OF THE  FIRST  SEMESTER
 OR  QUARTER OF THE REGULAR SCHOOL YEAR, OF THE MODEL CONTENT OUTLINED IN
 PARAGRAPHS A AND B OF SUBDIVISION TWO OF THIS SECTION; PROVIDED,  HOWEV-
 ER,  THAT  IF  A  CHILD  ENROLLS AFTER THE BEGINNING OF THE SCHOOL YEAR,
 NOTICE OF THE MODEL CONTENT SHALL BE PROVIDED WITHIN ONE  WEEK  OF  SUCH
 ENROLLMENT.  NOTICE  OF  THE  MODEL  CONTENT MAY BE PROVIDED AS A SINGLE
 NOTICE FOR MULTIPLE STUDENTS LIVING IN THE SAME HOUSEHOLD.
   6. BEGINNING ON JULY  FIRST,  TWO  THOUSAND  TWENTY-FOUR,  ALL  SCHOOL
 DISTRICTS  SHALL  MAINTAIN,  THROUGH  THEIR WEBSITE OR AFFILIATED SOCIAL
 MEDIA PRESENCES, THE MODEL CONTENT OUTLINED IN PARAGRAPHS  A  AND  B  OF
 SUBDIVISION  TWO OF THIS SECTION. THE MODEL CONTENT SHALL BE UPDATED, AS
 NECESSARY, PURSUANT TO PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION.
   7. LOCAL SCHOOLS, SCHOOL DISTRICTS, AND THE DEPARTMENT ARE IMMUNE FROM
 CIVIL LIABILITY FOR ANY DAMAGES ALLEGEDLY CAUSED BY, ARISING OUT OF,  OR
 RELATING TO NOTICE IF THE ENTITY PROVIDED NOTICE USING THE MODEL CONTENT
 PROVIDED TO IT BY THE DEPARTMENT.
   § 2. This act shall take effect immediately.