Eliminates the requirement under the security guard act of full-time employment for peace officers.
Ayes (52): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Lanza, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Zeldin
Nays (4): Krueger, Parker, Perkins, Sanders
Absent (2): Sampson, Squadron
Excused (5): Adams, Hassell-Thomps, Larkin, Montgomery, Young
TITLE OF BILL: An act to amend the general business law, in relation to the definition of the term "peace officer" as such term is used in provisions of law relating to security guards
PURPOSE GENERAL IDEA OF BILL: To remove the reference to "part-time peace officer" in the Security Guard act and allow for the ability to provide a training waiver to peace officers whose training currently exceeds that of a security guard.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 14 of section 89-f of the general business law, as amended by chapter 634 of the laws of 1994 changing the definition of peace officer by removing the full-time employment requirement.
Section 2 sets an immediate effective date
JUSTIFICATION: Until 2009, there were different training requirements for part-time and full-time peace officers, This change was justified by the fact that part-time and full-time peace officers hold the same responsibilities regardless of the hours they work, and therefore the training requirements should be the same for both part-time and full-time peace officers.
The Security Guard Act allows the Division of Criminal Justice Services to issue a training waiver to a peace officer whose training exceeds the training requirement for a security guard. Under the current provision of law, auxiliary police, who are part-time peace officers would not qualify for a waiver based on this definition.
This bill would remove the full-time employment requirement within the definition of a peace officer, which would qualify auxiliary police for a waiver from training requirements.
PRIOR LEGISLATIVE HISTORY: This is a new bill
FISCAL IMPLICATIONS: None to State.
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 4057--A 2013-2014 Regular Sessions IN SENATE March 6, 2013 ___________Introduced by Sens. MARTINS, MARCHIONE -- read twice and ordered print- ed, 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 the definition of the term "peace officer" as such term is used in provisions of law relating to security guards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 14 of section 89-f of the general business law, as amended by chapter 634 of the laws of 1994, is amended to read as follows: 14. "Peace officer" shall mean a peace officer as defined by subdivi- sion thirty-three of section 1.20 of the criminal procedure law, who is employed
[full-time]as a peace officer and who has successfully completed the training requirements as set forth in subdivision one of section 2.30 of such law. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09586-02-3