NY State Senate Bill 2023-S4559C

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	referred to economic development
Jun 06, 2024	delivered to assembly passed senate ordered to third reading cal.1883 committee discharged and committed to rules
May 28, 2024	print number 4559c
May 28, 2024	amend (t) and recommit to consumer protection
Jan 03, 2024	referred to consumer protection
Jun 04, 2023	print number 4559b
Jun 04, 2023	amend and recommit to consumer protection
May 23, 2023	print number 4559a
May 23, 2023	amend and recommit to consumer protection
Feb 10, 2023	referred to consumer protection

Votes

- Jun 6, 2024 - Floor Vote
  S4559C
  
  50
  
  Aye
  
  11
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (50)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      Weik
      
      nay (11)
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Weber
      
      excused (1)
      
      Walczyk
  Jun 6, 2024 - Rules Committee Vote
  S4559C
  
  14
  
  Aye
  
  4
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 6, 2024
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (4)
      
      Helming
      
      O'Mara
      
      Ortt
      
      Stec
      
      aye wr (2)
      
      Gallivan
      
      Griffo

Bill Amendments

Original

C (Active)

2023-S4559 - Details

See Assembly Version of this Bill:: A5903
Current Committee:: Assembly Economic Development
Law Section:: General Business Law
Laws Affected:: Add Art 7-A §89-x, Gen Bus L; amd §§841 & 841-b, Exec L

2023-S4559 - Summary

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.

2023-S4559 - Sponsor Memo

                                 
BILL NUMBER: S4559

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the general business law, in relation to enacting the
"school security guard training enhancement act"

 
PURPOSE:

The purpose of this bill is to equip school security guards with
adequate training conducive to mitigating issues that arise in an educa-
tional environment pertaining to the youth population.

 
SUMMARY OF PROVISIONS:

Section 1. The general business law is amended by adding a new article
7-B that provides any individual seeking to gain employment as a school
security guard, including but not limited to police officers that have
been retired for more than five years, are required to obtain additional
training in the form of a specialized certification. This certification
will cover topics conducive to serving the youth population in an educa-

tional environment, including but not limited to, role and responsibil-
ity of school security officers, school-related laws and liability,
security awareness in an educational environment, youth
mediation/conflict resolution, disasters and emergencies, dynamics of
student behavior and cultural awareness.

This amendment further provides this specialized training program shall
be implemented and enforced by the Department of Criminal Justice
Services, in consultation with the Division of Homeland Security and
state police. The commissioner shall promulgate rules and regulations
related to determining if prior experience and training satisfies the
curriculum set forth in the certification. The commissioner shall also
determine the period of time after this section becomes law an individ-
ual will have to obtain such certification to retain employment as a
school security guard.

Section 2. Is the enacting clause.

 
JUSTIFICATION:

The recent incidents of violence in schools have brought to light the
critical need for increased school safety measures. As a society, we
have a responsibility to ensure that our schools are safe and secure
environments for students, staff, and faculty. One of the key components
of this effort,is to equip school security guards with the appropriate
training and skills necessary to keep our schools safe.

To obtain employment as a school security guard, one must possess a
general security guard license. While this license enables individuals
to work as security guards in various sectors, such as retail, it does
not include the specialized training that is required to work in a
school environment. This training includes youth mediation and conflict
resolution, school-specific roles and responsibilities, and a deep
understanding of student behavior.

The recent incident at Lincoln Middle School in Wisconsin, where a secu-
rity guard used excessive force on a student, is a vivid example of the
need for specialized training for school security guards. This lawsuit
alleges the security guard was not provided with adequate training,
leading to the use of inappropriate force.

This bill will provide the necessary training and skills to equip school
security guards to not only resolve internal conflicts in a safe manner
but also to serve as a first line of defense against external threats.
With this training, school security guards will be better equipped to
prevent future incidents of school violence and to create a safer learn-
ing environment for our students.

In conclusion, investing in specialized training for school security
guards is an investment in the safety and well-being of our students and
our communities. Let us take the necessary steps to protect our schools
and our students by ensuring that school security guards are equipped
with the training and skills they need to succeed.

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S4559 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4559
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business 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:
 
   Section 1. The general business law is amended by adding a new article
 7-B to read as follows:
 
                                ARTICLE 7-B
              SCHOOL SECURITY GUARD TRAINING ENHANCEMENT ACT
 
 SECTION 89-E-1. SHORT TITLE.
         89-F-1. REQUIREMENTS FOR A SPECIALIZED CERTIFICATION.
         89-G-1. IMPLEMENTATION AND ENFORCEMENT.
   § 89-E-1. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "SCHOOL SECURITY GUARD TRAINING ENHANCEMENT ACT".
   § 89-F-1. REQUIREMENTS FOR A SPECIALIZED CERTIFICATION.    INDIVIDUALS
 WHO WISH TO WORK AS SCHOOL SECURITY GUARDS IN THIS STATE, INCLUDING, BUT
 NOT  LIMITED TO, RETIRED POLICE OFFICERS THAT HAVE BEEN RETIRED FOR MORE
 THAN FIVE YEARS, SHALL OBTAIN A SPECIALIZED CERTIFICATION,  IN  ADDITION
 TO  THE  GENERAL  SECURITY  GUARD  LICENSE CURRENTLY REQUIRED BY ARTICLE
 SEVEN-A OF THIS CHAPTER. SUCH SPECIALIZED  CERTIFICATION  SHALL  REQUIRE
 THE  COMPLETION  OF  A  SCHOOL-SPECIFIC TRAINING PROGRAM THAT COVERS THE
 FOLLOWING TOPICS, INCLUDING, BUT NOT LIMITED TO, ROLE AND RESPONSIBILITY
 OF SCHOOL SECURITY OFFICERS, SCHOOL-RELATED LAWS AND LIABILITY, SECURITY
 AWARENESS  IN  THE  EDUCATIONAL  ENVIRONMENT,  YOUTH  MEDIATION/CONFLICT
 RESOLUTION,  DISASTERS AND EMERGENCIES, DYNAMICS OF STUDENT BEHAVIOR AND
 CULTURAL AWARENESS.
   § 89-G-1. IMPLEMENTATION AND ENFORCEMENT. 1.  THE SPECIALIZED TRAINING
 PROGRAM SHALL BE IMPLEMENTED AND ENFORCED BY THE DEPARTMENT OF  CRIMINAL

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06438-03-3

 S. 4559                             2
 
 JUSTICE  SERVICES, IN CONSULTATION WITH THE DIVISION OF HOMELAND SECURI-
 TY, AND THE STATE POLICE. SUCH TRAINING PROGRAM  SHALL  BE  STANDARDIZED
 AND APPROVED STATEWIDE.
   2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS RELATING TO
 PRIOR  TRAINING  AND  EXPERIENCE SATISFYING THE TRAINING REQUIREMENTS OF
 THE SPECIALIZED CERTIFICATION.
   3. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  CONCERNING
 THE  PERIOD OF TIME AFTER THIS SECTION BECOMES LAW INDIVIDUALS WILL HAVE
 TO OBTAIN SUCH CERTIFICATE TO CONTINUE  SERVING  AS  A  SCHOOL  SECURITY
 GUARD.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2023-S4559A - Details

See Assembly Version of this Bill:: A5903
Current Committee:: Assembly Economic Development
Law Section:: General Business Law
Laws Affected:: Add Art 7-A §89-x, Gen Bus L; amd §§841 & 841-b, Exec L

2023-S4559A - Summary

2023-S4559A - Sponsor Memo

                                 
BILL NUMBER: S4559A

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the general business law, in relation to enacting the
"school security guard training enhancement act"

 
PURPOSE:

The purpose of this bill is to equip school security guards with
adequate training conducive to mitigating issues that arise in an educa-
tional environment pertaining to the youth population.

 
SUMMARY OF PROVISIONS:

  Section 1. The general business law is amended by adding a new article
7-B  that provides any individual seeking to gain employment as a school
security guard, including but not limited to police officers  that  have
been retired for more than five years, are required to obtain additional
training  in the form of a specialized certification. This certification
will cover topics conducive to serving the youth population in an educa-

tional environment, including but not limited to, role and  responsibil-
ity  of  school  security  officers,  school-related laws and liability,
security   awareness    in    an    educational    environment,    youth
mediation/conflict  resolution,  disasters  and emergencies, dynamics of
student behavior and cultural awareness,  DASA,  crisis  prevention  and
restorative justice.

This  amendment further provides this specialized training program shall
be implemented and  enforced  by  the  Department  of  Criminal  Justice
Services, in consultation with the Division of Homeland

  Security and state police. The commissioner shall promulgate rules and
regulations  related  to  determining  if  prior experience and training
satisfies the curriculum set forth in the certification. The commission-
er shall also determine the period of time after  this  section  becomes
law  an  individual  will  have  to  obtain such certification to retain
employment as a school security guard.

  Section 2. Is the enacting clause.

 
JUSTIFICATION:

To gain employment as a school security guard, one must obtain a general
security guard license. With this license, one can pursue employment  as
a security guard in various sectors i.e., retail, schools, etc. However,
serving in a school environment requires additional knowledge and train-
ing  the  general  license  does  not  include. Such additional training
consists of youth mediation  and  conflict  resolution,  school-specific
roles/responsibilities and dynamics of student behavior.

In  March  2022,  a  school  security  guard at Lincoln Middle School in
Wisconsin used a knee-on-neck restraint technique for more than  half  a
minute  on a 12-year old girl prior to handcuffing her after breaking up
a fight. The lawsuit alleges the use of excessive force and  failure  to
provide the security guard with adequate training.


Amidst  incidents  like  the  example  above,  our  nation and our state
continues to experience tragic school shootings that shine  a  light  on
the  need  for  increased school safety measures. This bill will provide
that school security guards are equipped with the  appropriate  training
and  skills  necessary  to not only resolve internal conflicts in a safe
manner but to serve as a first line of defense against external threats.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred  eightieth  day  after  it
shall have become a law.

2023-S4559A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4559--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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
 
 AN ACT to amend the general business 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:
 
   Section 1. The general business law is amended by adding a new article
 7-B to read as follows:
 
                                ARTICLE 7-B
              SCHOOL SECURITY GUARD TRAINING ENHANCEMENT ACT
 
 SECTION 89-E-1. SHORT TITLE.
         89-F-1. REQUIREMENTS FOR A SPECIALIZED CERTIFICATION.
         89-G-1. IMPLEMENTATION AND ENFORCEMENT.
   § 89-E-1. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "SCHOOL SECURITY GUARD TRAINING ENHANCEMENT ACT".
   § 89-F-1. REQUIREMENTS FOR A SPECIALIZED CERTIFICATION.  SCHOOL  SECU-
 RITY GUARDS EMPLOYED OR CONTRACTED BY A SCHOOL IN THIS STATE, INCLUDING,
 BUT  NOT  LIMITED TO, RETIRED POLICE OFFICERS THAT HAVE BEEN RETIRED FOR
 MORE THAN FIVE YEARS, SHALL OBTAIN A SPECIALIZED CERTIFICATION, IN ADDI-
 TION TO THE GENERAL SECURITY GUARD LICENSE REQUIRED BY  ARTICLE  SEVEN-A
 OF  THIS  CHAPTER.  SUCH  SPECIALIZED  CERTIFICATION  SHALL  REQUIRE THE
 COMPLETION OF A SCHOOL-SPECIFIC TRAINING  PROGRAM,  INCLUDING,  BUT  NOT
 LIMITED TO, ROLE AND RESPONSIBILITY OF SCHOOL SECURITY OFFICERS, SCHOOL-
 RELATED  LAWS AND LIABILITY, SECURITY AWARENESS IN THE EDUCATIONAL ENVI-
 RONMENT, YOUTH MEDIATION/CONFLICT RESOLUTION, DISASTERS AND EMERGENCIES,
 DYNAMICS  OF  STUDENT  BEHAVIOR  AND  CULTURAL  AWARENESS,   RESTORATIVE
 JUSTICE, CRISIS PREVENTION, AND THE DIGNITY FOR ALL STUDENTS ACT (DASA).
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06438-04-3

 S. 4559--A                          2
 
   § 89-G-1. IMPLEMENTATION AND ENFORCEMENT. 1.  THE SPECIALIZED TRAINING
 PROGRAM  SHALL BE IMPLEMENTED AND ENFORCED BY THE DEPARTMENT OF CRIMINAL
 JUSTICE SERVICES, IN CONSULTATION WITH THE DIVISION OF HOMELAND  SECURI-
 TY, STATE POLICE AND LOCAL LAW ENFORCEMENT.  SUCH TRAINING PROGRAM SHALL
 BE STANDARDIZED AND APPROVED STATEWIDE.
   2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS RELATING TO
 PRIOR  TRAINING  AND  EXPERIENCE SATISFYING THE TRAINING REQUIREMENTS OF
 THE SPECIALIZED CERTIFICATION.
   3. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  CONCERNING
 THE  PERIOD  OF  TIME  AFTER THIS SECTION BECOMES A LAW WHEN THE PROGRAM
 SHALL BE IMPLEMENTED.
   4. THE COMMISSIONER SHALL, UPON IMPLEMENTATION  OF  THE  CERTIFICATION
 PROGRAM, DETERMINE A PERIOD OF TIME NOT TO EXCEED ONE YEAR THAT INDIVID-
 UALS  WILL  HAVE  TO  OBTAIN  SUCH  CERTIFICATE TO CONTINUE SERVING AS A
 SCHOOL SECURITY GUARD.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2023-S4559B - Details

See Assembly Version of this Bill:: A5903
Current Committee:: Assembly Economic Development
Law Section:: General Business Law
Laws Affected:: Add Art 7-A §89-x, Gen Bus L; amd §§841 & 841-b, Exec L

2023-S4559B - Summary

2023-S4559B - Sponsor Memo

                                 
BILL NUMBER: S4559B

SPONSOR: MARTINEZ
 
PURPOSE:

The purpose of this bill is to equip school security guards with
adequate training conducive to mitigating issues that arise in an educa-
tional environment pertaining to the youth population.

 
SUMMARY OF PROVISIONS:

Section 1. Article 7-A of the general business law is amended to provide
that any individual see king to gain employment as a school security
guard, including but not limited to police officers that have been
retired for more than five years, are required to obtain additional
training in the form of a specialized certification. This certification
will cover topics conducive to serving the youth population in an educa-
tional environment, including but not limited to, role and responsibil-
ity of school security officers, school-related laws and liability,
security awareness in an educational environment, youth
mediation/conflict resolution, disasters and emergencies, dynamics of
student behavior and cultural awareness, DASA, crisis prevention and
restorative justice.

This amendment further provides this specialized training program shall
be implemented and enforced by the Department of State in consultation
with the Department of Education, Department of Criminal Justice
Services, the Division of Homeland Security, state police and local law
enforcement. The secretary shall promulgate rules and regulations
related to determining if prior experience and training satisfies the
curriculum set forth in the certification as well as determine the peri-
od of time after this section becomes law an individual will have to
obtain such certification to retain employment as a school security
guard.

Section 3. Paragraphs (c) and (d) of subdivision 1 of section 841-b of
the executive law, as added by chapter 336 of the laws of 1992, are
amended and a new paragraph (e) is added to provide the training
requirements for the school-specific training program described in
section eighty-nine-x of the general business law.

Section 4. Subdivision 7 of section 841 of the executive law, as amended
by section 6 of part Q of chapter 56 of the laws of 2009, is amended to
add school security guards.

Section 5. Is the enacting clause.

 
JUSTIFICATION:

To gain employment as a school security guard, one must obtain a general
security guard license. With this license, one can pursue employment as
a security guard in various sectors i.e., retail, schools, etc. However,
serving in a school environment requires additional knowledge and train-
ing the general license does not include. Such additional training
consists of youth mediation and conflict resolution, school-specific
roles/responsibilities and dynamics of student behavior.

In March 2022, a school security guard at Lincoln Middle School in
Wisconsin used a knee-on-neck restraint technique for more than half a
minute on a 12-year old girl prior to handcuffing her after breaking up
a fight. The lawsuit alleges the use of excessive force and failure to
provide the security guard with adequate training.

Amidst incidents like the example above, our nation and our state
continues to experience tragic school shootings that shine a light on
the need for increased school safety measures. This bill will provide
that school security guards are equipped with the appropriate training
and skills necessary to not only resolve internal conflicts in a safe
manner but to serve as a first line of defense against external threats.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S4559B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4559--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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

 AN  ACT  to  amend the general business 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:
 
   Section 1. The general business law is amended by adding a new article
 7-B to read as follows:
 
                                ARTICLE 7-B
              SCHOOL SECURITY GUARD TRAINING ENHANCEMENT ACT
 
 SECTION 89-E-1. SHORT TITLE.
         89-F-1. REQUIREMENTS FOR A SPECIALIZED CERTIFICATION.
         89-G-1. IMPLEMENTATION AND ENFORCEMENT.
   § 89-E-1. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "SCHOOL SECURITY GUARD TRAINING ENHANCEMENT ACT".
   §  89-F-1. REQUIREMENTS FOR A SPECIALIZED CERTIFICATION.  SCHOOL SECU-
 RITY GUARDS EMPLOYED OR CONTRACTED BY A SCHOOL IN THIS STATE, INCLUDING,
 BUT NOT LIMITED TO, RETIRED POLICE OFFICERS THAT HAVE BEEN  RETIRED  FOR
 MORE THAN FIVE YEARS, SHALL OBTAIN A SPECIALIZED CERTIFICATION, IN ADDI-
 TION  TO  THE GENERAL SECURITY GUARD LICENSE REQUIRED BY ARTICLE SEVEN-A
 OF THIS  CHAPTER.  SUCH  SPECIALIZED  CERTIFICATION  SHALL  REQUIRE  THE
 COMPLETION  OF  A  SCHOOL-SPECIFIC  TRAINING PROGRAM, INCLUDING, BUT NOT
 LIMITED TO, ROLE AND RESPONSIBILITY OF SCHOOL SECURITY OFFICERS, SCHOOL-
 RELATED LAWS AND LIABILITY, SECURITY AWARENESS IN THE EDUCATIONAL  ENVI-
 RONMENT, YOUTH MEDIATION/CONFLICT RESOLUTION, DISASTERS AND EMERGENCIES,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06438-08-3
 S. 4559--B                          2

 
 DYNAMICS   OF  STUDENT  BEHAVIOR  AND  CULTURAL  AWARENESS,  RESTORATIVE
 JUSTICE, CRISIS PREVENTION, AND THE DIGNITY FOR ALL STUDENTS ACT (DASA).
   § 89-G-1. IMPLEMENTATION AND ENFORCEMENT. 1.  THE SPECIALIZED TRAINING
 PROGRAM  SHALL  BE  IMPLEMENTED AND ENFORCED BY THE DEPARTMENT OF EDUCA-
 TION, IN CONSULTATION WITH THE DEPARTMENT OF CRIMINAL JUSTICE  SERVICES,
 THE  DIVISION  OF HOMELAND SECURITY, STATE POLICE AND LOCAL LAW ENFORCE-
 MENT.  SUCH TRAINING PROGRAM SHALL BE STANDARDIZED AND  APPROVED  STATE-
 WIDE.
   2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS RELATING TO
 PRIOR  TRAINING  AND  EXPERIENCE SATISFYING THE TRAINING REQUIREMENTS OF
 THE SPECIALIZED CERTIFICATION.
   3. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  CONCERNING
 THE  PERIOD  OF  TIME  AFTER THIS SECTION BECOMES A LAW WHEN THE PROGRAM
 SHALL BE IMPLEMENTED.
   4. THE COMMISSIONER SHALL, UPON IMPLEMENTATION  OF  THE  CERTIFICATION
 PROGRAM, DETERMINE A PERIOD OF TIME NOT TO EXCEED ONE YEAR THAT INDIVID-
 UALS  WILL  HAVE  TO  OBTAIN  SUCH  CERTIFICATE TO CONTINUE SERVING AS A
 SCHOOL SECURITY GUARD.
   5. NOTHING IN THIS SECTION SHALL SUPERSEDE THE LANGUAGE OF ANY COLLEC-
 TIVELY BARGAINED AGREEMENT SUBJECT TO  ARTICLE  FOURTEEN  OF  THE  CIVIL
 SERVICE  LAW.  ANY  COSTS  ASSOCIATED  WITH THIS TRAINING, OR LEAVE TIME
 REQUIRED, SHALL BE SUBJECT TO A COLLECTIVELY BARGAINED  AGREEMENT  UNDER
 ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2023-S4559C (ACTIVE) - Details

See Assembly Version of this Bill:: A5903
Current Committee:: Assembly Economic Development
Law Section:: General Business Law
Laws Affected:: Add Art 7-A §89-x, Gen Bus L; amd §§841 & 841-b, Exec L

2023-S4559C (ACTIVE) - Summary

2023-S4559C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4559C

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the general business law and the executive law, in
relation to enacting the "school security guard training enhancement
act"

 
PURPOSE:

The purpose of this bill is to equip school security guards with
adequate training conducive to mitigating issues that arise in an educa-
tional environment pertaining to the youth population.

 
SUMMARY OF PROVISIONS:

Section 1. Article 7-A of the general business law is amended to provide
that any individual seeking to gab employment as a school security
guard, including but not limited to police officers that have been
retired for more than five years, are required to obtain additional
training in the form of a specialized certification. This certification

will cover topics conducive to serving the youth population in an educa-
tional environment, including but not limited to, role and responsibil-
ity of school security officers, school-related laws and liability,
security awareness in an educational environment, youth
mediation/conflict resolution, disasters and emergencies, dynamics of
student behavior and cultural awareness, DASA, crisis prevention and
restorative justice.

This amendment further provides this specialized training program shall
be implemented and enforced by the Department of State in consultation
with the Department of Education, Department of Criminal Justice
Services, the Division of Homeland Security, state police and local law
enforcement. The secretary shall promulgate rules and regulations
related to determining if prior experience and training satisfies the
curriculum set forth in the certification as well as determine the peri-
od of time afte r this section becomes law an individual will have to
obtain such certification to retain employment as a school security
guard.

Section 3. Paragraphs (c) and (d) of subdivision- 1 of section 841-b of
the executive law, as added by chapter 336 of the laws of 1992, are
amenoed and a new paragraph (e) is added to provide the training
requirements for the school-specific training program described in
section eighty-nine-x of the general business law.

Section 4. Subdivision 7 of section 841 of the executive law, as amended
by section 6 of part Q of chapter 56 of the laws of 2009, is amended to
add school security guards.

Section 5. Is the enacting clause.

 
JUSTIFICATION:

To gain employment as a school security guard, one must obtain a general
security guard license. With this license, one can pursue employment as
a security guard in various sectors i.e., retail, schools, etc. However,
serving in a school environment requires additional knowledge and train-
ing the general license does not include. Such additional training
consists of youth mediation and conflict resolution, school-specific
roles/responsibilities and dynamics of student behavior.

In March 2022, a school security guard at Lincoln Middle School in
Wisconsin used a knee-on-neck restraint technique for more than half a
minute on a 12-year old girl priorto handcuffing her after breaking up a
fight. The lawsuit alleges the use of excessive force and failure to
provide the security guard with adequate training.

Amidst incidents like the example above, our nation and our state
continues to experience tragic school shootings that shine a light on
the need for increased school safety measures. This bill will provide
that school security guards are equipped with the appropriate training
and skills necessary to not only resolve internal conflicts in a safe
manner but to serve as a first line of defense against external threats.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S4559C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4559--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "school security guard training enhancement act".
   §  2.  Article  7-A of the general business law is amended by adding a
 new section 89-x to read as follows:
   § 89-X. APPLICABILITY TO SCHOOL SECURITY GUARDS.   1. SCHOOL  SECURITY
 GUARDS  EMPLOYED OR CONTRACTED BY A SCHOOL IN THIS STATE, INCLUDING, BUT
 NOT LIMITED TO, RETIRED POLICE OFFICERS THAT HAVE BEEN RETIRED FOR  MORE
 THAN  FIVE  YEARS, SHALL OBTAIN A SPECIALIZED CERTIFICATION, IN ADDITION
 TO THE GENERAL SECURITY GUARD LICENSE REQUIRED  BY  ARTICLE  SEVEN-A  OF
 THIS   CHAPTER.   SUCH   SPECIALIZED  CERTIFICATION  SHALL  REQUIRE  THE
 COMPLETION OF A SCHOOL-SPECIFIC TRAINING  PROGRAM,  INCLUDING,  BUT  NOT
 LIMITED TO, ROLE AND RESPONSIBILITY OF SCHOOL SECURITY OFFICERS, SCHOOL-
 RELATED  LAWS AND LIABILITY, SECURITY AWARENESS IN THE EDUCATIONAL ENVI-
 RONMENT, YOUTH MEDIATION/CONFLICT RESOLUTION, DISASTERS AND EMERGENCIES,
 DYNAMICS  OF  STUDENT  BEHAVIOR  AND  CULTURAL  AWARENESS,   RESTORATIVE
 JUSTICE, CRISIS PREVENTION, AND THE DIGNITY FOR ALL STUDENTS ACT (DASA).
   2.  THE SPECIALIZED TRAINING PROGRAM SHALL BE IMPLEMENTED AND ENFORCED
 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
 
 THE  DEPARTMENT  OF  CRIMINAL JUSTICE SERVICES, THE DIVISION OF HOMELAND
 SECURITY, STATE POLICE AND LOCAL LAW ENFORCEMENT.  SUCH TRAINING PROGRAM
 SHALL BE STANDARDIZED AND APPROVED STATEWIDE.
   3.  THE SECRETARY SHALL, IN CONSULTATION WITH THE DEPARTMENT OF EDUCA-
 TION AND THE SECURITY GUARD ADVISORY COUNCIL, ADOPT  RULES   AND   REGU-
 LATIONS  IMPLEMENTING    THE  PROVISIONS OF THIS SECTION. SUCH RULES AND
 REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) REQUIREMENTS OF THE SPECIALIZED  CERTIFICATION AND SCHOOL-SPECIFIC
 TRAINING PROGRAM;
   (B) CRITERIA DETERMINING IF PRIOR TRAINING AND EXPERIENCE MAY BE  USED
 TO SATISFY THE TRAINING REQUIREMENTS OF SUCH SPECIALIZED CERTIFICATION;
   (C)  THE  PERIOD  OF  TIME  AFTER  THIS SECTION BECOMES A LAW WHEN THE
 PROGRAM SHALL BE IMPLEMENTED; AND
   (D) UPON IMPLEMENTATION OF  THE  CERTIFICATION  PROGRAM,  DETERMINE  A
 PERIOD  OF  TIME  NOT  TO  EXCEED ONE YEAR THAT INDIVIDUALS WILL HAVE TO
 OBTAIN SUCH CERTIFICATE TO CONTINUE SERVING AS A SCHOOL SECURITY GUARD.
   4. NOTHING IN THIS SECTION SHALL SUPERSEDE THE LANGUAGE OF ANY COLLEC-
 TIVELY BARGAINED AGREEMENT SUBJECT TO  ARTICLE  FOURTEEN  OF  THE  CIVIL
 SERVICE  LAW.  ANY  COSTS  ASSOCIATED  WITH THIS TRAINING, OR LEAVE TIME
 REQUIRED, SHALL BE SUBJECT TO A COLLECTIVELY BARGAINED  AGREEMENT  UNDER
 ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   §  3.  Paragraphs (c) and (d) of subdivision 1 of section 841-b of the
 executive law, as added by chapter 336 of the laws of 1992, are  amended
 and a new paragraph (e) is added to read as follows:
   (c)  minimum qualifications for instructors at approved security guard
 training schools and training programs; [and]
   (d) the subject matter of all  training  requirements  which  security
 guards  and  security guard applicants must complete before being regis-
 tered as unarmed and armed security guards[.]; AND
   (E) THE TRAINING REQUIREMENTS FOR THE SCHOOL-SPECIFIC TRAINING PROGRAM
 DESCRIBED IN SECTION EIGHTY-NINE-X OF THE GENERAL BUSINESS LAW.
   § 4. Subdivision 7 of section 841 of the executive law, as amended  by
 section  6  of  part  Q of chapter 56 of the laws of 2009, is amended to
 read as follows:
   7. Consult with and cooperate with other departments and  agencies  of
 the  state  concerned  with  police officer, SCHOOL SECURITY GUARDS, and
 peace officer training;
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S4559C

Sponsored By

Current Bill Status - In Assembly Committee

Jun 6, 2024 - Floor Vote

Floor Vote: Jun 6, 2024

Jun 6, 2024 - Rules Committee Vote

Rules Committee Vote: Jun 6, 2024

Bill Amendments

2023-S4559 - Details

2023-S4559 - Summary

2023-S4559 - Sponsor Memo

2023-S4559 - Bill Text download pdf

2023-S4559A - Details

2023-S4559A - Summary

2023-S4559A - Sponsor Memo

2023-S4559A - Bill Text download pdf

2023-S4559B - Details

2023-S4559B - Summary

2023-S4559B - Sponsor Memo

2023-S4559B - Bill Text download pdf

2023-S4559C (ACTIVE) - Details

2023-S4559C (ACTIVE) - Summary

2023-S4559C (ACTIVE) - Sponsor Memo

2023-S4559C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4559C

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Sponsored By

Monica R. Martinez

Current Bill Status - In Assembly Committee

Bill Amendments

2023-S4559 - Details

2023-S4559 - Summary

2023-S4559 - Sponsor Memo

2023-S4559 - Bill Text download pdf

2023-S4559A - Details

2023-S4559A - Summary

2023-S4559A - Sponsor Memo

2023-S4559A - Bill Text download pdf

2023-S4559B - Details

2023-S4559B - Summary

2023-S4559B - Sponsor Memo

2023-S4559B - Bill Text download pdf

2023-S4559C (ACTIVE) - Details

2023-S4559C (ACTIVE) - Summary

2023-S4559C (ACTIVE) - Sponsor Memo

2023-S4559C (ACTIVE) - Bill Text download pdf

Comments