S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4934
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2013
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Economic Development
       AN  ACT  to  amend  the  general  business law, in relation to exempting
         certain officers of the departments of correction  and  sanitation  of
         the city of New York from training requirements for security guards
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs a, f and g of subdivision 4 of section  89-n  of
    2  the  general business law, paragraphs a and f as amended and paragraph g
    3  as added by chapter 221 of the laws of 2003, are amended and a new para-
    4  graph h is added to read as follows:
    5    a. a correction officer of any state correctional facility OR A MEMBER
    6  OF THE UNIFORMED CORRECTION FORCE OF THE NEW  YORK  CITY  DEPARTMENT  OF
    7  CORRECTION  having the powers of a peace officer pursuant to subdivision
    8  twenty-five of section 2.10 of the criminal procedure law;
    9    f. a police officer as defined in paragraphs (a), (b), (c), (d),  (e),
   10  (f),  (j),  (k),  (l), (o) and (p) of subdivision thirty-four of section
   11  1.20 of the criminal procedure  law  who  has  been  retired  from  such
   12  employment for a period not to exceed ten years, provided, however, that
   13  a retired police officer who has been retired from such employment for a
   14  period  in excess of ten years shall be required to provide proof to his
   15  or her security guard employer of his or her satisfactory completion  of
   16  an  eight hour annual in-service training course approved by the commis-
   17  sioner, and provided further, however, that a retired police officer who
   18  will be required by his or  her  security  guard  employer  to  carry  a
   19  firearm  or will be authorized to have access to a firearm shall provide
   20  to such employer proof of  his  or  her  satisfactory  completion  of  a
   21  forty-seven  hour  firearms training course approved by the commissioner
   22  and, if such firearms training course has not been completed within  one
   23  year  prior to such employment, satisfactory completion of an additional
   24  eight hour annual firearms in-service training course  approved  by  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05602-01-3
       A. 4934                             2
    1  commissioner,  such  training  course to be completed at least annually;
    2  [or]
    3    g.  a peace officer as defined in subdivisions two, twenty and twenty-
    4  five and paragraphs a and b of subdivision twenty-one of section 2.10 of
    5  the criminal procedure law who has been retired from such employment for
    6  a period not to exceed ten years,  provided,  however,  that  a  retired
    7  peace  officer who has been retired from such employment for a period in
    8  excess of ten years shall be required to provide proof  to  his  or  her
    9  security  guard  employer  of  his  or her satisfactory completion of an
   10  eight hour annual in-service training course approved by  the  municipal
   11  police  training  council, and provided further, however, that a retired
   12  peace officer who will be required by his or her security guard employer
   13  to carry a firearm or will be authorized to have  access  to  a  firearm
   14  shall  provide  to  such  employer  proof  of  his  or  her satisfactory
   15  completion of a forty-seven hour firearms training  course  approved  by
   16  the  municipal  police  training  council and, if such firearms training
   17  course has not been completed  within  one  year  prior  to  employment,
   18  satisfactory  completion  of  an  additional  eight hour annual firearms
   19  in-service training course approved by  the  municipal  police  training
   20  council, such training course to be completed at least annually[.]; OR
   21    H.  AN OFFICER OR MEMBER OF THE SANITATION POLICE OF THE DEPARTMENT OF
   22  SANITATION OF THE CITY OF NEW YORK HAVING THE POWERS OF A PEACE  OFFICER
   23  PURSUANT  TO  SUBDIVISION  FIFTY-NINE  OF  SECTION  2.10 OF THE CRIMINAL
   24  PROCEDURE LAW.
   25    S 2. This act shall take effect immediately.