senate Bill S3606A

2013-2014 Legislative Session

Exempts certain officers of the departments of correction and sanitation of the city of New York from training requirements for security guards

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to economic development
delivered to assembly
passed senate
May 28, 2014 amended on third reading (t) 3606a
Mar 03, 2014 advanced to third reading
Feb 27, 2014 2nd report cal.
Feb 26, 2014 1st report cal.180
Jan 08, 2014 referred to consumer protection
returned to senate
died in assembly
Jun 12, 2013 referred to economic development
delivered to assembly
passed senate
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1139
Feb 07, 2013 referred to consumer protection

Votes

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Feb 26, 2014 - Consumer Protection committee Vote

S3606
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 26, 2014

aye wr (1)

Jun 5, 2013 - Consumer Protection committee Vote

S3606
9
0
committee
9
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 5, 2013

aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

S3606 - Bill Details

See Assembly Version of this Bill:
A4934A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §89-n, Gen Bus L; amd §2.10, CP L
Versions Introduced in 2011-2012 Legislative Session:
S7545, A10468

S3606 - Bill Texts

view summary

Exempts certain officers of the department of correction and the department of sanitation of the city of New York from training requirements for security guards; designates correction officers of New York city as peace officers.

view sponsor memo
BILL NUMBER:S3606

TITLE OF BILL: An act to amend the general business law, in relation to
exempting certain officers of the departments of correction and sanita-
tion of the city of New York from training requirements for security
guards

PURPOSE: Exempts certain officers of the departments of correction and
sanitation of the city of New York from training requirements for secu-
rity guards.

SUMMARY OF PROVISIONS:

Section one amends paragraphs a, f and g of subdivision 4 of section
89-n of the general business law, paragraphs a and f as amended and
paragraph g as added by chapter 221 of the laws of 2003, are amended and
a new paragraph h is added.

Section two is the effective date.

JUSTIFICATION: Currently, the laws governing licensing of security
guards require certain training requirements to ensure security guards
are knowledgeable in the duties they will perform. However, certain
persons who have the title of peace officer are either exempt from these
training requirements or are granted waivers for these requirements.

In the current law, it specifies that a number of titles are exempt from
the training requirements. These titles include police officers, NYS
Correction Officers, Bridge and Tunnel officers, sergeants and lieuten-
ants, uniformed court officers and court clerks with peace officer
status, NYC sheriffs, With this current language in the law, only NYS
uniformed correction personnel receive the exemption.

This legislation provides exemptions for all uniformed correction offi-
cers and sanitation police officers who are duly qualified as peace
officers under New York State law.

PRIOR LEGISLATIVE HISTORY: 2012: S.7545 - Referred to Consumer
Protection / A.10468 Referred to Economic Development

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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                    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:

  Section  1.  Paragraphs a, f and g of subdivision 4 of section 89-n of
the general business law, paragraphs a and f as amended and paragraph  g
as added by chapter 221 of the laws of 2003, are amended and a new para-
graph h is added to read as follows:
  a. a correction officer of any state correctional facility OR A MEMBER
OF  THE  UNIFORMED  CORRECTION  FORCE OF THE NEW YORK CITY DEPARTMENT OF
CORRECTION having the powers of a peace officer pursuant to  subdivision
twenty-five of section 2.10 of the criminal procedure law;
  f.  a police officer as defined in paragraphs (a), (b), (c), (d), (e),
(f), (j), (k), (l), (o) and (p) of subdivision  thirty-four  of  section
1.20  of  the  criminal  procedure  law  who  has been retired from such
employment for a period not to exceed ten years, provided, however, that
a retired police officer who has been retired from such employment for a
period in excess of ten years shall be required to provide proof to  his
or  her security guard employer of his or her satisfactory completion of
an eight hour annual in-service training course approved by the  commis-
sioner, and provided further, however, that a retired police officer who
will  be  required  by  his  or  her  security guard employer to carry a
firearm or will be authorized to have access to a firearm shall  provide
to  such  employer  proof  of  his  or  her satisfactory completion of a
forty-seven hour firearms training course approved by  the  commissioner
and,  if such firearms training course has not been completed within one
year prior to such employment, satisfactory completion of an  additional
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

commissioner, such training course to be completed  at  least  annually;
[or]
  g.  a peace officer as defined in subdivisions two, twenty and twenty-
five and paragraphs a and b of subdivision twenty-one of section 2.10 of
the criminal procedure law who has been retired from such employment for
a period not to exceed ten years,  provided,  however,  that  a  retired
peace  officer who has been retired from such employment for a period in
excess of ten years shall be required to provide proof  to  his  or  her
security  guard  employer  of  his  or her satisfactory completion of an
eight hour annual in-service training course approved by  the  municipal
police  training  council, and provided further, however, that a retired
peace officer who will be required by his or her security guard employer
to carry a firearm or will be authorized to have  access  to  a  firearm
shall  provide  to  such  employer  proof  of  his  or  her satisfactory
completion of a forty-seven hour firearms training  course  approved  by
the  municipal  police  training  council and, if such firearms training
course has not been completed  within  one  year  prior  to  employment,
satisfactory  completion  of  an  additional  eight hour annual firearms
in-service training course approved by  the  municipal  police  training
council, such training course to be completed at least annually[.]; OR
  H.  AN OFFICER OR MEMBER OF THE SANITATION POLICE OF THE DEPARTMENT OF
SANITATION OF THE CITY OF NEW YORK HAVING THE POWERS OF A PEACE  OFFICER
PURSUANT  TO  SUBDIVISION  FIFTY-NINE  OF  SECTION  2.10 OF THE CRIMINAL
PROCEDURE LAW.
  S 2. This act shall take effect immediately.

S3606A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4934A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §89-n, Gen Bus L; amd §2.10, CP L
Versions Introduced in 2011-2012 Legislative Session:
S7545, A10468

S3606A (ACTIVE) - Bill Texts

view summary

Exempts certain officers of the department of correction and the department of sanitation of the city of New York from training requirements for security guards; designates correction officers of New York city as peace officers.

view sponsor memo
BILL NUMBER:S3606A

TITLE OF BILL: 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; and to amend the criminal procedure law, in relation
to designating correction officers of New York city as peace officers

PURPOSE: Exempts certain officers of the departments of correction and
sanitation of the city of New York from training requirements for
security guards.

SUMMARY OF PROVISIONS: Section one amends paragraphs a, f and g of
subdivision 4 of section 89-n of the general business law, paragraphs
a and f as amended and paragraph g as added by chapter 221 of the laws
of 2003, are amended and a new paragraph h is added.

Section two amends subdivision 25 of section 2.10 of the criminal
procedure law.

Section three is the effective date.

JUSTIFICATION: Currently, the laws governing licensing of security
guards require certain training requirements to ensure security guards
are knowledgeable in the duties they will perform. However, certain
persons who have the title of peace officer are either exempt from
these training requirements or are granted waivers for these
requirements.

In the current law, it specifies that a number of titles are exempt
from the training requirements. These titles include police officers,
NYS Correction Officers, Bridge and Tunnel officers, sergeants and
lieutenants, uniformed court officers and court clerks with peace
officer status, NYC sheriffs, With this current language in the law,
only NYS uniformed correction personnel receive the exemption.

This legislation provides exemptions for all uniformed correction
officers and sanitation police officers who are duly qualified as
peace officers under New York State law.

PRIOR LEGISLATIVE HISTORY: 2013: S.3606 - Passed Senate /A4934
Referred to Ec Dev. 2012: S.7545 - Referred to Consumer
Protection/A.10468 Referred to Ec Dev.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3606--A
    Cal. No. 180

                       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  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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;
  and  to  amend  the criminal procedure law, in relation to designating
  correction officers of New York city as peace officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs a, f and g of subdivision 4 of section 89-n of
the general business law, paragraphs a and f as amended and paragraph  g
as added by chapter 221 of the laws of 2003, are amended and a new para-
graph h is added to read as follows:
  a. a correction officer of any state correctional facility OR A MEMBER
OF  THE  UNIFORMED  CORRECTION  FORCE OF THE NEW YORK CITY DEPARTMENT OF
CORRECTION having the powers of a peace officer pursuant to  subdivision
twenty-five of section 2.10 of the criminal procedure law;
  f.  a police officer as defined in paragraphs (a), (b), (c), (d), (e),
(f), (j), (k), (l), (o) and (p) of subdivision  thirty-four  of  section
1.20  of  the  criminal  procedure  law  who  has been retired from such
employment for a period not to exceed ten years, provided, however, that
a retired police officer who has been retired from such employment for a
period in excess of ten years shall be required to provide proof to  his
or  her security guard employer of his or her satisfactory completion of
an eight hour annual in-service training course approved by the  commis-
sioner, and provided further, however, that a retired police officer who

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05602-02-4

S. 3606--A                          2

will  be  required  by  his  or  her  security guard employer to carry a
firearm or will be authorized to have access to a firearm shall  provide
to  such  employer  proof  of  his  or  her satisfactory completion of a
forty-seven  hour  firearms training course approved by the commissioner
and, if such firearms training course has not been completed within  one
year  prior to such employment, satisfactory completion of an additional
eight hour annual firearms in-service training course  approved  by  the
commissioner,  such  training  course to be completed at least annually;
[or]
  g. a peace officer as defined in subdivisions two, twenty and  twenty-
five and paragraphs a and b of subdivision twenty-one of section 2.10 of
the criminal procedure law who has been retired from such employment for
a  period  not  to  exceed  ten years, provided, however, that a retired
peace officer who has been retired from such employment for a period  in
excess  of  ten  years  shall be required to provide proof to his or her
security guard employer of his or  her  satisfactory  completion  of  an
eight  hour  annual in-service training course approved by the municipal
police training council, and provided further, however, that  a  retired
peace officer who will be required by his or her security guard employer
to  carry  a  firearm  or will be authorized to have access to a firearm
shall provide  to  such  employer  proof  of  his  or  her  satisfactory
completion  of  a  forty-seven hour firearms training course approved by
the municipal police training council and,  if  such  firearms  training
course  has  not  been  completed  within  one year prior to employment,
satisfactory completion of an  additional  eight  hour  annual  firearms
in-service  training  course  approved  by the municipal police training
council, such training course to be completed at least annually[.]; OR
  H. AN OFFICER OR MEMBER OF THE SANITATION POLICE OF THE DEPARTMENT  OF
SANITATION  OF THE CITY OF NEW YORK HAVING THE POWERS OF A PEACE OFFICER
PURSUANT TO SUBDIVISION FIFTY-NINE  OF  SECTION  2.10  OF  THE  CRIMINAL
PROCEDURE LAW.
  S 2.  Subdivision 25 of section 2.10 of the criminal procedure law, as
amended  by  section 70 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  25. Officials, as designated by the commissioner of the department  of
corrections  and  community supervision pursuant to rules of the depart-
ment, and correction officers of any state OR NEW YORK CITY correctional
facility or of any penal correctional institution.
  S 3. This act shall take effect immediately.

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