Authorizes educational institutions to agree to pay all or a portion of the salaries and compensation payable to municipal school crossing guards.
BILL NUMBER: S273
TITLE OF BILL : An act to amend the general municipal law, in relation to authorizing educational institutions to pay the salaries and compensation of school crossing guards
PURPOSE : This legislation removes the current legislative barrier that prohibits school districts, BOCES, charter schools, and other public schools from contributing to the salaries of school crossing guards
SUMMARY OF PROVISIONS : Section 1 of the bill amends 208-a of the General Municipal Law to provide that school districts, BOCES, charter schools, and any other public or private education institution may pay for part or all of school crossing guards' salaries. Currently, school districts, BOCES, charter schools, and other public educational institutions are prohibited from contributing, in whole or in part, to the salary of school crossing guards. In an era when intermunicipal cooperation is critical to improving the quality of services provided by local governments while at the same time decreasing the cost of providing those services, it is imperative that any obstacle to such cooperation be removed.
Section 2 of the bill contains the effective date.
EXISTING LAW : Section 208-a of the General Municipal law authorizes municipalities to appoint and fix the salaries of school crossing guards.
JUSTIFICATION : The need for school crossing guards is directly related to school operations. However, the financial burden of providing school crossing guards is placed not on the schools themselves, but on the host municipality. Moreover, schools are specifically prohibited from employing or even contributing school crossing guards (see State Comptroller Opinions 81-31 and 68-793).
This legislation will remove this legislative impediment to intermunicipal cooperation.
LEGISLATIVE HISTORY : 2008: S.5110 Veto 111
FISCAL IMPLICATIONS : None to the State.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 273 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to authorizing educational institutions to pay the salaries and compensation of school crossing guards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 208-a of the general municipal law, as amended by chapter 131 of the laws of 1967, is amended to read as follows: S 208-a. School guards. The duly constituted authorities of any city, town, or village or any county police department or police district may designate, authorize and appoint such a number of persons as such authority shall deem necessary, and at such salaries as such authority shall deem advisable, as school crossing guards to aid in protecting school children going to and from school, and church crossing guards to aid in protecting persons going to and from places of worship, and for such purpose shall have power to control vehicular traffic within such municipality. A PUBLIC SCHOOL, SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND ANY OTHER PUBLIC OR PRIVATE EDUCATIONAL INSTI- TUTION MAY ENTER INTO AN AGREEMENT WITH ANY CITY, TOWN, OR VILLAGE OR ANY COUNTY POLICE DEPARTMENT OR POLICE DISTRICT WHEREBY SUCH EDUCATIONAL INSTITUTION PAYS ALL OR ANY PORTION OF THE SALARIES AND COMPENSATION OF THE SCHOOL CROSSING GUARDS PROVIDING SERVICES TO THE STUDENTS OF SUCH INSTITUTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00441-01-9