S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6456
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Education
 
 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 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,  OR  A  RETIRED  DEPUTY
 SHERIFF  AND WHO, ONCE A CERTIFICATION PROCESS IS ESTABLISHED, IS CERTI-
 FIED AS A SCHOOL RESOURCE OFFICER  UNDER  SECTION  TWENTY-EIGHT  HUNDRED
 ONE-D OF THIS ARTICLE; OR (B) AN ACTIVE DUTY STATE TROOPER, POLICE OFFI-
 CER  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 MAY CONTRACT WITH THE STATE OF NEW YORK, OR A COUNTY, CITY,  TOWN
 OR  VILLAGE,  FOR  THE  PROVISION  OF A STATE TROOPER, POLICE OFFICER OR
 DEPUTY SHERIFF, TO SERVE AS A SCHOOL RESOURCE OFFICER. A BOARD OF  COOP-
 ERATIVE  EDUCATIONAL  SERVICES OR SCHOOL DISTRICT SHALL BE AUTHORIZED TO
 EMPLOY OR CONTRACT FOR AS MANY SCHOOL RESOURCE OFFICERS AS SUCH BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES OR DISTRICT DEEMS NECESSARY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00319-03-9

 A. 6456                             2
 
   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, AND RETIRED STATE
 TROOPERS AS SCHOOL RESOURCE OFFICERS AS WELL AS A SCHOOL RESOURCE  OFFI-
 CER  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 AND RACIAL SENSITIVITY AWARENESS,
 AND FIELD AND TACTICAL TRAINING FOR PREVENTION  AND  RESPONSE  TO  INCI-
 DENTS.  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 CERTIFICATION. THE CERTIFICATIONS GRANTED

 A. 6456                             3
 
 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 85 to read as follows:
   85. RETIRED POLICE OFFICERS, RETIRED STATE TROOPERS, OR RETIRED DEPUTY
 SHERIFFS 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.
   § 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 (ERS) and the New York State and Local Police and
 Fire Retirement System (PFRS), this bill will allow the commissioner  of
 education  to  determine  that  the  earnings  limitations  set forth in
 section two hundred eleven 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. Currently, this  privilege  is  only  allowed  to
 retired police officers who are employed as a school resource officer by
 a school district.
   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
 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:
   The  membership  data  used  in  measuring  the impact of the proposed
 change was the same as that used in the March 31, 2018  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2018
 Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017 and 2018  Annual  Report  to  the  Comptroller  on  Actuarial
 Assumptions,  and  the  Codes  Rules and Regulations of the State of New
 York: Audit and Control.

 A. 6456                             4

   The Market Assets and GASB Disclosures are found in the March 31, 2018
 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  February  20,  2019, and intended for use only
 during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-78,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6456--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 Introduced  by  M.  of  A. STIRPE, ZEBROWSKI, GOTTFRIED, SAYEGH, THIELE,
   JEAN-PIERRE, JONES, JAFFEE, COOK,  WILLIAMS,  NORRIS,  MIKULIN,  McDO-
   NOUGH,  MONTESANO,  BRABENEC,  ASHBY,  SCHMITT,  DeSTEFANO, ROMEO, RA,
   CROUCH,  BYRNE,  MORINELLO,  MANKTELOW,  PALUMBO,  RAYNOR,  PALMESANO,
   BURKE, WALLACE -- Multi-Sponsored by -- M. of A. BLANKENBUSH, WALSH --
   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,
 OR  A  RETIRED  DEPUTY  SHERIFF 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00319-05-9

 A. 6456--A                          2
 
   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
 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, AND  RETIRED  STATE
 TROOPERS  AS SCHOOL RESOURCE OFFICERS AS WELL AS A SCHOOL RESOURCE OFFI-

 A. 6456--A                          3
 
 CER 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 AND RACIAL  SENSITIVITY  AWARENESS,
 AND  FIELD  AND  TACTICAL  TRAINING FOR PREVENTION AND RESPONSE TO INCI-
 DENTS. 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 CERTIFICATION. 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 85 to read as follows:
   85. RETIRED POLICE OFFICERS, RETIRED STATE TROOPERS, OR RETIRED DEPUTY
 SHERIFFS  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.
   § 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 (ERS) and the New York State and Local Police and
 Fire  Retirement System (PFRS), this bill will allow the commissioner of
 education to determine  that  the  earnings  limitations  set  forth  in
 section  two  hundred twelve 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.  Currently,  this  privilege is only allowed to
 retired police officers who are employed as a school resource officer by
 a school district.
   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
 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:

 A. 6456--A                          4
 
   The membership data used in  measuring  the  impact  of  the  proposed
 change  was  the same as that used in the March 31, 2018 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2018
 Report  of  the  Actuary  and  the  2018  Comprehensive Annual Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017 and 2018  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, 2018
 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  May 20, 2019, and intended for use only during
 the 2019 Legislative Session, is Fiscal Note No. 2019-125,  prepared  by
 the Actuary for the New York State and Local Retirement System.