S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8910--A
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by  M.  of  A. STIRPE, SEAWRIGHT, SAYEGH, DAVILA, McDONOUGH,
   LAWLER, SMULLEN, BRABENEC, DURSO, MONTESANO, HAWLEY,  J. M. GIGLIO  --
   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, the criminal procedure law,  and  the
   retirement and social security law, in relation to the creation of the
   Comprehensive  School  Resource  Officer  Training  and Implementation
   Program (SRO TIP)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 2801-c
 to read as follows:
   §  2801-C.  NEW  YORK  STATE  SCHOOL  RESOURCE OFFICER PROGRAM. 1. FOR
 PURPOSES OF THIS SECTION, THE TERM "SCHOOL RESOURCE OFFICER" SHALL  MEAN
 A  SCHOOL RESOURCE OFFICER, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFI-
 CER, OR ANY OTHER SUBSTANTIALLY SIMILAR POSITION OR OFFICE WHOSE PURPOSE
 IS TO PROVIDE IMPROVED PUBLIC SAFETY AND/OR SECURITY ON SCHOOL GROUNDS.
   2. ANY BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, PUBLIC OR NONPUBLIC
 SCHOOL WHICH IS NOT IN A CITY SCHOOL DISTRICT IN A CITY HAVING  A  POPU-
 LATION  OF  ONE  MILLION OR MORE MAY EMPLOY, IN EITHER THE CLASSIFIED OR
 UNCLASSIFIED SERVICE, ANY SCHOOL RESOURCE OFFICER. SUCH SCHOOL  RESOURCE
 OFFICER SHALL BE: (A) A RETIRED POLICE OFFICER, A RETIRED STATE TROOPER,
 A  RETIRED  DEPUTY SHERIFF, OR A RETIRED FEDERAL LAW ENFORCEMENT OFFICER
 AND WHO, ONCE A CERTIFICATION PROCESS IS ESTABLISHED, IS CERTIFIED AS  A
 SCHOOL RESOURCE OFFICER UNDER SECTION TWENTY-EIGHT HUNDRED ONE-D OF THIS
 ARTICLE;  OR  (B)  AN  ACTIVE  DUTY STATE TROOPER, POLICE OFFICER IN THE
 SERVICE OF A TOWN, CITY OR VILLAGE, OR  DEPUTY  SHERIFF  FROM  A  COUNTY
 SHERIFF'S DEPARTMENT.
   3. ANY BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, PUBLIC OR NONPUBLIC
 SCHOOL  WHICH  IS NOT IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPU-
 LATION OF ONE MILLION OR MORE MAY CONTRACT WITH THE STATE OF  NEW  YORK,
 OR  A COUNTY, CITY, TOWN OR VILLAGE, FOR THE PROVISION OF A STATE TROOP-
 ER, POLICE OFFICER OR DEPUTY SHERIFF, TO  SERVE  AS  A  SCHOOL  RESOURCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05917-08-2
 A. 8910--A                          2
 
 OFFICER.  A BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR SCHOOL DISTRICT
 WHICH IS NOT IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF
 ONE  MILLION  OR  MORE  SHALL BE AUTHORIZED TO EMPLOY OR CONTRACT FOR AS
 MANY  SCHOOL  RESOURCE OFFICERS AS SUCH BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES OR DISTRICT DEEMS NECESSARY.
   4. IT SHALL BE THE PRIMARY ROLE OF  THE  SCHOOL  RESOURCE  OFFICER  TO
 PROVIDE IMPROVED PUBLIC SAFETY AND/OR SECURITY ON SCHOOL GROUNDS THROUGH
 COMMUNITY  POLICING  TECHNIQUES,  INVESTIGATIVE  MEASURES,  AND TACTICAL
 PREPAREDNESS. IN ADDITION TO SUCH PRIMARY ROLE, SCHOOL RESOURCE OFFICERS
 ALSO MAY SERVE ADDITIONAL ROLES, INCLUDING BUT NOT LIMITED TO:
   (A) PROPOSING AND ENFORCING  POLICIES  AND  ADMINISTRATIVE  PROCEDURES
 RELATED TO SCHOOL SAFETY;
   (B)  UTILIZING  TECHNOLOGY  IN  THE  IMPLEMENTATION OF A COMPREHENSIVE
 SAFETY PROGRAM;
   (C) SERVING AS A LIAISON WITH OTHER SCHOOL OFFICIALS AND OTHER  COMMU-
 NITY AGENCIES, INCLUDING BUT NOT LIMITED TO, OTHER LAW ENFORCEMENT ENTI-
 TIES, COURTS, HEALTH CARE ENTITIES, AND MENTAL HEALTH ENTITIES;
   (D)  PROPOSING  AND  IMPLEMENTING  STRATEGIES  CONCERNING  PREVENTION,
 RESPONSE AND RECOVERY EFFORTS FOR INCIDENTS AND/OR EMERGENCY  SITUATIONS
 OCCURRING ON SCHOOL GROUNDS AND/OR INVOLVING STUDENTS, FACULTY, ADMINIS-
 TRATION OR VISITORS TO THE SCHOOL;
   (E)  PROPOSING  AND  ASSISTING  IN  THE  EXECUTION OF SCHOOL EMERGENCY
 DRILLS AND PROPOSING AND ASSISTING IN  THE  CREATION  OF  SCHOOL  SAFETY
 PLANS;
   (F) PROVIDING EDUCATIONAL AND MENTORING SERVICES TO STUDENTS;
   (G)  ASSISTING  IN  THE  DESIGN, EXPLANATION AND ENFORCEMENT OF SCHOOL
 SAFETY AND SECURITY POLICIES AND PROCEDURES; AND
   (H) PERFORMING SUCH OTHER  AND  FURTHER  ROLES,  RESPONSIBILITIES  AND
 ACTIVITIES  AS THE SCHOOL DISTRICT MAY DEEM APPROPRIATE AND PROPER FOR A
 LAW ENFORCEMENT OFFICER TO PERFORM, IN ORDER TO  ADVANCE  THE  SECURITY,
 SAFETY  AND WELL-BEING OF STUDENTS, FACULTY, ADMINISTRATION AND VISITORS
 TO THE SCHOOL DISTRICT'S SCHOOLS,  TRANSPORTATION  VEHICLES  AND  SCHOOL
 GROUNDS.
   5.  SUCH SCHOOL RESOURCE OFFICER MAY CARRY AND POSSESS FIREARMS DURING
 THE COURSE OF THEIR DUTIES AT SUCH SCHOOL DISTRICT, BUT NOTHING IN  THIS
 SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH SCHOOL RESOURCE OFFICER TO
 CARRY,  POSSESS,  REPAIR  OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE
 LICENSE THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL
 LAW.
   § 2. The education law is amended by adding a new  section  2801-d  to
 read as follows:
   §  2801-D.  NEW  YORK  STATE  SCHOOL  RESOURCE  OFFICER  CERTIFICATION
 PROGRAM. 1. FOR PURPOSES OF THIS  SECTION,  THE  TERM  "SCHOOL  RESOURCE
 OFFICER"  SHALL  MEAN  A SCHOOL RESOURCE OFFICER, SCHOOL SAFETY OFFICER,
 SCHOOL SECURITY OFFICER, OR ANY OTHER SUBSTANTIALLY SIMILAR POSITION  OR
 OFFICE WHOSE PURPOSE IS TO PROVIDE IMPROVED PUBLIC SAFETY AND/OR SECURI-
 TY ON SCHOOL GROUNDS.
   2.  THE  DEPARTMENT SHALL, UTILIZING BOARDS OF COOPERATIVE EDUCATIONAL
 SERVICES, ESTABLISH A SCHOOL RESOURCE OFFICER TRAINING PROGRAM TO CERTI-
 FY RETIRED POLICE  OFFICERS,  RETIRED  DEPUTY  SHERIFFS,  RETIRED  STATE
 TROOPERS AND RETIRED FEDERAL LAW ENFORCEMENT OFFICERS AS SCHOOL RESOURCE
 OFFICERS AS WELL AS A SCHOOL RESOURCE OFFICER RECERTIFICATION PROGRAM TO
 RECERTIFY  SCHOOL  RESOURCE  OFFICERS  WHO HAVE PREVIOUSLY COMPLETED AND
 PASSED THE DEPARTMENT'S SCHOOL RESOURCE OFFICER  CERTIFICATION  PROGRAM.
 SUCH PROGRAMS SHALL BE DESIGNED BY THE DEPARTMENT TO INCLUDE, BUT NOT BE
 LIMITED  TO, COUNSELING TECHNIQUES, COMMUNITY POLICING PRACTICES, GENDER
 A. 8910--A                          3

 AND RACIAL SENSITIVITY AWARENESS, AND FIELD AND  TACTICAL  TRAINING  FOR
 PREVENTION  AND  RESPONSE  TO  INCIDENTS.  THE  DEPARTMENT SHALL UTILIZE
 CURRENT OR RETIRED POLICE OFFICERS, IN ORDER TO  TRAIN  SCHOOL  RESOURCE
 OFFICERS IN ANY POLICE RELATED OR TACTICAL TRAINING PROVIDED FOR CERTIF-
 ICATION.  THE CERTIFICATIONS GRANTED FROM SUCH PROGRAMS SHALL EXPIRE ONE
 YEAR AFTER THE PROGRAM WAS COMPLETED AND PASSED.
   3. THE DEPARTMENT SHALL SEPARATELY OFFER THE SCHOOL  RESOURCE  OFFICER
 TRAINING PROGRAM AND THE SCHOOL RESOURCE OFFICER RECERTIFICATION PROGRAM
 AT LEAST ONCE PER YEAR PER COUNTY.
   § 3. Section 2.10 of the criminal procedure law is amended by adding a
 new subdivision 86 to read as follows:
   86.  RETIRED  POLICE  OFFICERS, RETIRED STATE TROOPERS, RETIRED DEPUTY
 SHERIFFS OR RETIRED FEDERAL LAW ENFORCEMENT OFFICERS EMPLOYED BY  BOARDS
 OF  COOPERATIVE  EDUCATIONAL  SERVICES  OR A SCHOOL DISTRICT AS A SCHOOL
 RESOURCE OFFICER; PROVIDED, HOWEVER, THAT NOTHING  IN  THIS  SUBDIVISION
 SHALL  BE  DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS, REPAIR OR
 DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE  THEREFOR  HAS  BEEN
 ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   § 4. Subdivision 3 of section 212 of the retirement and social securi-
 ty  law,  as  added  by section 1 of part Y of chapter 55 of the laws of
 2013, is amended to read as follows:
   3. Notwithstanding the provisions of subdivisions one and two of  this
 section,  the  commissioner  of  education  may  determine,  pursuant to
 section two hundred eleven of this article, that such  earnings  limita-
 tions shall not apply to a retired police officer, RETIRED STATE TROOPER
 OR  RETIRED DEPUTY SHERIFF employed by BOARDS OF COOPERATIVE EDUCATIONAL
 SERVICES OR a school district as a school  resource  officer;  OR  TO  A
 RETIRED POLICE OFFICER, RETIRED STATE TROOPER, OR RETIRED DEPUTY SHERIFF
 WHO  IS EMPLOYED AS A SCHOOL RESOURCE OFFICER BY A COUNTY, CITY, TOWN OR
 VILLAGE POLICE DEPARTMENT PURSUANT TO A CONTRACT WITH A SCHOOL  DISTRICT
 TO  PROVIDE SUCH SERVICES.  THE COMMISSIONER OF EDUCATION MAY INCLUDE NO
 MORE THAN TWENTY THOUSAND DOLLARS IN ADDITION TO THE EARNING LIMITATIONS
 SET FORTH IN THE TABLE IN  SUBDIVISION  TWO  OF  THIS  SECTION  TO  SUCH
 RETIRED POLICE OFFICER, RETIRED STATE TROOPER, OR RETIRED DEPUTY SHERIFF
 WHO IS EMPLOYED AS A SCHOOL RESOURCE OFFICER.
   § 5. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   Insofar  as this bill will affect the New York State and Local Employ-
 ees' Retirement System (NYSLERS) and the New York State and Local Police
 and Fire Retirement System (NYSLPFRS), this bill will allow the  commis-
 sioner of education to determine that the earnings limitations set forth
 in  Section  212  of the Retirement and Social Security Law (RSSL) shall
 not apply to retired police officers, retired state troopers and retired
 deputy sheriffs who are employed as a school resource officer by  either
 a  board of cooperative educational services or a school district, or by
 a county, city, town or village police department pursuant to a contract
 with a school district to provide such services.  The  commissioner  may
 include no more than twenty thousand dollars in addition to the earnings
 limitations  set forth in subdivision two of Section 212 of the RSSL for
 the affected school resource officers. Currently,  only  retired  police
 officers  who  are  employed  as  a  school resource officer by a school
 district are not subject  to  the  earnings  limitations  set  forth  in
 Section 212 of the RSSL.
   If  this bill is enacted, we expect few retirees to be affected. There
 would be negligible additional annual costs. However, if  large  numbers
 of  retirees  are  hired  into such positions, there would be additional
 A. 8910--A                          4
 
 annual costs which would be shared by the state of New York and  all  of
 the participating employers in the System.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 Annual Report to the Comptroller on Actuarial Assumptions, and
 the Codes, Rules and Regulations of the State of  New  York:  Audit  and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2021
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated January 6, 2022, and intended for use only during
 the 2022 Legislative Session, is Fiscal Note No.  2022-49,  prepared  by
 the Actuary for the New York State and Local Retirement System.