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A07517 Summary:

BILL NOA07517A
 
SAME ASSAME AS S06980-A
 
SPONSORBenedetto
 
COSPNSRSimon, Taylor, Jean-Pierre, Bronson, Rosenthal L, Thiele, Gunther, Darling, Simone, Burdick, Levenberg, Steck, Shimsky, Colton, Brown K, Sillitti, Meeks
 
MLTSPNSR
 
Add §808-a, Ed L
 
Requires the dissemination of written materials regarding child access prevention and the safe storage of firearms to students and/or persons in a parental relationship to such students at the beginning of each semester or quarter of the regular school year beginning on and after July 1, 2024.
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A07517 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7517A
 
SPONSOR: Benedetto
  TITLE OF BILL: An act to amend the education law, in relation to requiring the dissem- ination of materials regarding child access prevention and the safe storage of firearms   PURPOSE OR GENERAL IDEA OF BILL: To require the state education department to develop model content related to child access prevention and safe storage of firearms laws, and require school districts to establish policies and procedures to provide notice of these laws to parents and parental guardians of students.   SUMMARY OF PROVISIONS: Section 1 amends the education law to add a new section 808-a, entitled "Firearms; child access prevention and safe storage," which creates six new subdivisions. First, it sets out definitions to be used in this section, including "school district," "school," "private school," "notice," and "school year." Notice is model content outlined in subdivision two, produced.in a concise, publishable format, such as a brochure, flyer, handbill, leaflet, letter, or pamphlet. Second, it requires the education department to develop, on or before July 1, 2024, model content for notice of New York's child access prevention laws and laws relating to the safe storage of firearms, which shall include, but is not limited to Penal Law § 265.45 and § 265.50. The model content shall be produced in the English language and in common non-English languages spoken in the state. The model content shall also designate a section for county- and local-specific laws submitted to it by each county. It then requires the department to update, as necessary, the model content by July 1, 2025, and by every subsequent July 1 going forward. Lastly, it requires the department to publish and update the model content on its website. Third, it requires each county, on or before May 1, 2024, to submit to the department all county- and local-specific laws and regulations related to child access prevention and the safe storage of firearms. It then requires, as necessary, each county to submit any updated laws to the department by May 1, 2025 and each subsequent May 1 going forward. Fourth, it requires all school districts, beginning on July 1, 2024, to provide notice, either at the beginning of the first semester or quarter of the regular school year, of the model content directly to parents, guardians, or persons in parental relation to each student of the school; provided, however, that if a child enrolls after the beginning of the school year, notice shall be provided within one week of such enrollment. Notice may be provided as a single notice for multiple students living in the same household. Fifth, it requires all school districts, beginning on July 1 2024, to maintain the model content through their website or affiliated social media presences. Sixth, it makes clear that local schools, school districts, and the education department are immune from civil liability for any, damages allegedly caused by, arising out of, or relating to notice if the entity provided notice using the model language provided to it provided by the department.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Section 1. The education law is amended by adding a new section 808-a 2 to read as follows: 3 § 808-a. Firearms; child access prevention and safe storage. 1. For 4 the purposes of this section the following terms shall have the follow- 5 ing meanings: 6 a. "school district" shall mean any city school district, common 7 school district, union free school district, central school district or 8 central high school district; 9 b. "school" shall mean any public school district, charter school, 10 private school, parochial school, or board of cooperative educational 11 services; 12 c. "private school" shall mean a person, firm, association, partner- 13 ship, or corporation offering or conducting private school instruc- tion 14 in the state; 15 d. "notice" shall mean written information of the model content 16 outlined in subdivision two of this section, produced in a concise, 17 publishable format, such as a brochure, flyer, handbill, leaflet, 18 letter, or pamphlet, that is intended to be provided directly to 19 parents, guardians, or persons in parental relation to a student of the 20 school, delivered to a receptacle designated for a student, mailed to a 21 student's last known address, emailed to a person in parental relation 22 to a student of the school, or delivered by any other reasonable methods 23 authorized by the commissioner; and 24 e. "school year" shall mean the period commencing on the first day of 25 regular instruction and shall end on the last day of instruction. 26 2. a. On or before July first, two thousand twenty-four, the depart- 27 ment shall develop model content for notice, produced in the English 28 language and in common non-English languages spoken in the state, which 29 shall include, at a minimum, information outlining New York's child 30 access prevention laws and laws relating to the safe storage of 31 firearms, including, but not limited to, sections 265.45 and 265.50 of 32 the penal law. The model content shall also include relevant state- wide 33 resources and information related to child access prevention, the safe 34 storage of firearms, and firearm violence prevention. 08/02/23 2 11045-05-3 1 b.Such model content shall designate a section for county- and 2 local-specific laws and regulations submitted to it by each county as 3 outlined in subdivision three of this section. The department shall 4 tailor the model content for each county by including in the desig- nated safe 5 section for county- and local-specific laws and regulations the coun- ty- 6 and local-specific laws submitted to it by each county. 7 c. On or before July first, two thousand twenty-five, and each July 8 first thereafter, the department shall update, as necessary, the model 9 content developed pursuant to paragraphs a and b of this subdivision. 10 d. The department shall publish the model content developed and 11 updated pursuant to paragraphs a, b, and c of this subdivision on its 12 website. 13 3. a. On or before May first, two thousand twenty-four, every county 14 shall submit to the department all information of county- and local- spe- 15 cific laws and regulations related to child access prevention and the 16 safe storage of firearms. 17 b. On or before May first, two thousand twenty-five, and each May 18 first thereafter, every county shall submit to the department any 19 updated information, insofar as it exists, of county- and local-spe- cific 20 laws related to child access prevention and the safe storage of 21 firearms. 22 4. Beginning on July first, two thousand twenty-four, all school 23 districts shall provide notice, at the beginning of the first semes- ter 24 or quarter of the regular school year, of the model content outlined in 25 paragraphs a and b of subdivision two of this section; provided, howev- 26 er, that if a child enrolls after the beginning of the school year, 27 notice of the model content shall be provided within one week of such 28 enrollment. Notice of the model content may be provided as a single 29 notice for multiple students living in the same household. 30 5. Beginning on July first, two thousand twenty-four, all school 31 districts shall maintain, through their website or affiliated social 32 media presences, the model content outlined in paragraphs a and b of 33 subdivision two of this section. The model content shall be updated, as 34 necessary, pursuant to paragraph c of subdivision two of this section. 35 6. Local schools, school districts, and the department are immune from 36 civil liability for any damages allegedly caused by, arising out of, or 37 relating to notice if the entity provided notice using the model content 38 provided to it by the department.   JUSTIFICATION: While New York has made important strides in passing gun-safety laws related to the safe storage of firearms and child access prevention, public awareness of the details of these laws remains comparatively low. Increasing public awareness of gun-safety laws is especially relevant for parents and parental guardians of students in school districts across the state. Having up-to-date information can create safer commu- nities and keep parents and parental guardians informed of gun-safety laws pertinent to their daily lives. 1 This legislation works to standardize and make accessible laws and information related to safe storage of firearms and child access prevention for parents and parental guardians by requiring the state education department to develop and update model, content outlining current gun-safety laws. The model content shall also include any county and/or local laws related to child access prevention and the safe stor- age of firearms submitted to the department from each county. Starting on July 1, 2024, every school district shall disseminate notice of the model content to every parent or parental guardian of the students of the school at the beginning of the first semester or quarter of the regular school year. Every school district shall also maintain the model content on their website and/or affiliated social media pres- ences. Local schools, school districts, and the education department are immune from civil liability for any damages allegedly caused by, arising out of, or relating to notice if the entity provides notice using the model content provided by the department. The purpose of this legislation is to ensure that all parents, guardi- ans, and persons in parental relation to students are kept up-to-date with written and online information of current child access prevention laws and laws related to the safe storage of firearms. By requiring the education department to prepare such model content, and requiring all school districts to disseminate such model content, parents and parental guardians of students across the state of   PRIOR LEGISLATIVE HISTORY: New Bill Amended   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined   EFFECTIVE DATE: This act shall take effect immediately. 1 As one scholar explains, public legal education "provides people with awareness, knowledge and understanding of rights and legal issues, together with the confidence and skills they need to deal with disputes and gain access to justice ... and recognize when they may need support ... and how to go about getting it. see Richard Grimes, PUBLIC LEGAL EDUCATION - THE ROLE OF LAW SCHOOLS IN BUILDING A MORE LEGALLY LITERATE SOCIETY (2021).
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A07517 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7517--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Education -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT to amend the education law, in relation to requiring the dissem-
          ination of materials regarding child access prevention  and  the  safe
          storage of firearms
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section  808-a
     2  to read as follows:
     3    §  808-a.  Firearms;  child access prevention and safe storage. 1. For
     4  the purposes of this section the following terms shall have the  follow-
     5  ing meanings:
     6    a.  "school  district"  shall  mean  any  city school district, common
     7  school district, union free school district, central school district  or
     8  central high school district;
     9    b.  "school"  shall  mean  any public school district, charter school,
    10  private school, parochial school, or board  of  cooperative  educational
    11  services;
    12    c.  "private  school" shall mean a person, firm, association, partner-
    13  ship, or corporation offering or conducting private  school  instruction
    14  in the state;
    15    d.  "notice"  shall  mean  written  information  of  the model content
    16  outlined in subdivision two of this  section,  produced  in  a  concise,
    17  publishable  format,  such  as  a  brochure,  flyer,  handbill, leaflet,
    18  letter, or pamphlet,  that  is  intended  to  be  provided  directly  to
    19  parents,  guardians, or persons in parental relation to a student of the
    20  school, delivered to a receptacle designated for a student, mailed to  a
    21  student's  last  known address, emailed to a person in parental relation
    22  to a student of the school, or delivered by any other reasonable methods
    23  authorized by the commissioner; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11045-05-3

        A. 7517--A                          2
 
     1    e. "school year" shall mean the period commencing on the first day  of
     2  regular instruction and shall end on the last day of instruction.
     3    2.  a.  On or before July first, two thousand twenty-four, the depart-
     4  ment shall develop model content for notice,  produced  in  the  English
     5  language  and in common non-English languages spoken in the state, which
     6  shall include, at a minimum,  information  outlining  New  York's  child
     7  access  prevention  laws  and  laws  relating  to  the  safe  storage of
     8  firearms, including, but not limited to, sections 265.45 and  265.50  of
     9  the  penal  law. The model content shall also include relevant statewide
    10  resources and information related to child access prevention,  the  safe
    11  storage of firearms, and firearm violence prevention.
    12    b.    Such  model  content  shall  designate a section for county- and
    13  local-specific laws and regulations submitted to it by  each  county  as
    14  outlined  in  subdivision  three  of  this section. The department shall
    15  tailor the model content for each county by including in the  designated
    16  section  for county- and local-specific laws and regulations the county-
    17  and local-specific laws submitted to it by each county.
    18    c. On or before July first, two thousand twenty-five,  and  each  July
    19  first  thereafter,  the department shall update, as necessary, the model
    20  content developed pursuant to paragraphs a and b of this subdivision.
    21    d. The department  shall  publish  the  model  content  developed  and
    22  updated  pursuant  to  paragraphs a, b, and c of this subdivision on its
    23  website.
    24    3. a. On or before May first, two thousand twenty-four,  every  county
    25  shall submit to the department all information of county- and local-spe-
    26  cific  laws  and  regulations related to child access prevention and the
    27  safe storage of firearms.
    28    b. On or before May first, two  thousand  twenty-five,  and  each  May
    29  first  thereafter,  every  county  shall  submit  to  the department any
    30  updated information, insofar as it exists, of county- and local-specific
    31  laws related  to  child  access  prevention  and  the  safe  storage  of
    32  firearms.
    33    4.  Beginning  on  July  first,  two  thousand twenty-four, all school
    34  districts shall provide notice, at the beginning of the  first  semester
    35  or  quarter of the regular school year, of the model content outlined in
    36  paragraphs a and b of subdivision two of this section; provided,  howev-
    37  er,  that  if  a  child  enrolls after the beginning of the school year,
    38  notice of the model content shall be provided within one  week  of  such
    39  enrollment.  Notice  of  the  model  content may be provided as a single
    40  notice for multiple students living in the same household.
    41    5. Beginning on July  first,  two  thousand  twenty-four,  all  school
    42  districts  shall  maintain,  through  their website or affiliated social
    43  media presences, the model content outlined in paragraphs  a  and  b  of
    44  subdivision  two of this section. The model content shall be updated, as
    45  necessary, pursuant to paragraph c of subdivision two of this section.
    46    6. Local schools, school districts, and the department are immune from
    47  civil liability for any damages allegedly caused by, arising out of,  or
    48  relating to notice if the entity provided notice using the model content
    49  provided to it by the department.
    50    § 2. This act shall take effect immediately.
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