Senate Bill S6298A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6298--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Education in accordance with Senate Rule 6, sec. 8 --
   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.
   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00319-08-9

 S. 6298--A                          2
 
 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-
 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

 S. 6298--A                          3
 
 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 86 to read as follows:
   86. 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:
   The  membership  data  used  in  measuring  the impact of the proposed
 change was the same as that used in the March 31, 2019  actuarial  valu-
 ation.  Distributions  and  other  statistics  can  be found in the 2019

 S. 6298--A                          4
 
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018, and 2019 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, 2019
 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 December 6,  2019,  and  intended  for  use  only
 during  the  2020  Legislative  Session,  is  Fiscal  Note  No. 2020-19,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.