S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3606
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 7, 2013
                                      ___________
       Introduced  by  Sen.  LANZA  -- 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  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
       S. 3606                             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.