S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6453--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2023
                                ___________
 
 Introduced  by  M.  of  A. BYRNES, BRABENEC, CHANG, NORRIS, MORINELLO --
   read once and referred to the Committee on Education -- recommitted to
   the Committee on Education in accordance with Assembly Rule 3, sec.  2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the education law, in  relation  to  a  school  resource
   officer   program  and  providing  school  resource  officer  security
   protection aid (Part A); to  amend  the  criminal  procedure  law,  in
   relation to peace officers who are retired police officers employed by
   a  school district as a school resource officer (Part B); and to amend
   the retirement and social security law, in relation to annual earnings
   limitations for retired police officers employed  as  school  resource
   officers (Part C)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to school safety. Each component is wholly contained within a Part iden-
 tified as Parts A through C. The  effective  date  for  each  particular
 provision contained within such Part as set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 Part  in  which  it  is  found. Section three of this act sets forth the
 general effective date of this act.
 
                                  PART A
 
   Section 1. The education law is amended by adding a new section 2801-c
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00555-07-4
 A. 6453--A                          2
              

 
   § 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, THAT IS
 DESIGNED  TO  PROVIDE  IMPROVED  PUBLIC SAFETY AND/OR SECURITY ON SCHOOL
 GROUNDS. SUCH SCHOOL RESOURCE OFFICER MAY BE A RETIRED POLICE OFFICER, A
 RETIRED STATE TROOPER, A RETIRED DEPUTY  SHERIFF,  A  STATE  TROOPER,  A
 POLICE OFFICER IN THE ACTIVE DUTY SERVICE OF A TOWN, CITY OR VILLAGE, OR
 A DEPUTY SHERIFF FROM A COUNTY SHERIFF'S DEPARTMENT.
   2.  ANY PUBLIC, NONPUBLIC OR CHARTER SCHOOL, OR A BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES, MAY EMPLOY, IN EITHER THE CLASSIFIED OR  UNCLASSI-
 FIED  SERVICE,  ANY SCHOOL RESOURCE OFFICER FOR THE PURPOSE OF PROVIDING
 IMPROVED PUBLIC SAFETY AND/OR  SECURITY  ON  SCHOOL  GROUNDS.  ANY  SUCH
 PUBLIC,  NONPUBLIC  OR  CHARTER SCHOOL, OR A BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES, MAY ALSO 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,
 FOR THE PURPOSE OF PROVIDING IMPROVED PUBLIC SAFETY AND/OR  SECURITY  ON
 SCHOOL  GROUNDS. A SCHOOL DISTRICT, NONPUBLIC SCHOOL, CHARTER SCHOOL, OR
 A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,  SHALL  BE  AUTHORIZED  TO
 EMPLOY OR CONTRACT FOR AS MANY SCHOOL RESOURCE OFFICERS AS SUCH DISTRICT
 DEEMS NECESSARY.
   3.  IT  SHALL  BE  THE  PRIMARY ROLE OF THE SCHOOL RESOURCE OFFICER TO
 PROVIDE IMPROVED PUBLIC SAFETY AND/OR SECURITY ON SCHOOL  GROUNDS.    IN
 ADDITION,  TO THIS 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.
   4.  SUCH SCHOOL RESOURCE OFFICER MAY CARRY AND POSSESS FIREARMS DURING
 THE COURSE OF THEIR DUTIES AT SUCH SCHOOL  DISTRICT,  NONPUBLIC  SCHOOL,
 CHARTER  SCHOOL,  OR  A  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, 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.
 A. 6453--A                          3
 
   § 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
 the  education  law,  as  amended by chapter 474 of the laws of 1996, is
 amended and a new subparagraph 1-a is added to read as follows:
   (1)  Aidable  shared  services.  At  the  request  of component school
 districts, and with the approval of the commissioner, provide any of the
 following services on a cooperative basis: school nurse teacher, attend-
 ance supervisor, supervisor of teachers, dental hygienist, psychologist,
 SCHOOL RESOURCE OFFICER, AS SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE-C OF THIS TITLE, teachers of art, music, physical education,
 career education subjects, guidance counsellors,  operation  of  special
 classes for students with disabilities, as such term is defined in arti-
 cle  eighty-nine of this chapter; pupil and financial accounting service
 by means of mechanical equipment; maintenance and operation of cafeteria
 or restaurant service for the  use  of  pupils  and  teachers  while  at
 school,  and  such  other services as the commissioner may approve. Such
 cafeteria or restaurant service may be used by the community for  school
 related  functions  and  activities  and to furnish meals to the elderly
 residents of the district, sixty years of age or older.  Utilization  by
 elderly  residents  or  school  related  groups  shall be subject to the
 approval of the board of education. Charges shall be sufficient to  bear
 the  direct  cost of preparation and serving of such meals, exclusive of
 any other available reimbursements.
   (1-A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR  REGULATION
 TO  THE  CONTRARY,  SCHOOL RESOURCE OFFICERS MAY BE REQUESTED BY CHARTER
 SCHOOLS AND SCHOOL DISTRICTS FOR UP TO SIX DAYS PER WEEK THROUGHOUT  THE
 ENTIRE SCHOOL YEAR.
   § 3. Paragraph h of subdivision 4 of section 1950 of the education law
 is amended by adding two new subparagraphs 14 and 15 to read as follows:
   (14)  TO  ENTER  INTO CONTRACTS WITH CHARTER SCHOOLS TO PROVIDE SCHOOL
 RESOURCE OFFICERS, AS SUCH  TERM  IS  DEFINED  IN  SECTION  TWENTY-EIGHT
 HUNDRED  ONE-C  OF  THIS  TITLE,  PROVIDED THAT THE COSTS OF SUCH SCHOOL
 RESOURCE OFFICERS SHALL BE AIDABLE PURSUANT TO SUBDIVISION FIVE OF  THIS
 SECTION TO THE SAME EXTENT AND ON THE SAME BASIS AS COSTS ALLOCATED TO A
 COMPONENT SCHOOL DISTRICT, AND FURTHER PROVIDED THAT THE AID RATIO SHALL
 BE THE AID RATIO FOR THE PUBLIC SCHOOL DISTRICT WHERE THE CHARTER SCHOOL
 IS  LOCATED,  AND  FURTHER  PROVIDED  THAT  CHARTER SCHOOLS SHALL NOT BE
 LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH  B
 OF THIS SUBDIVISION.
   (15)  TO  ENTER  INTO  CONTRACTS  WITH  NON-COMPONENT SCHOOL DISTRICTS
 INCLUDING CITY SCHOOL DISTRICTS OF CITIES WITH ONE  HUNDRED  TWENTY-FIVE
 THOUSAND  INHABITANTS  OR  MORE, TO PROVIDE SCHOOL RESOURCE OFFICERS, AS
 SUCH TERM IS DEFINED IN  SECTION  TWENTY-EIGHT  HUNDRED  ONE-C  OF  THIS
 TITLE, PROVIDED THAT THE COSTS OF SUCH SCHOOL RESOURCE OFFICERS SHALL BE
 AIDABLE  PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO THE SAME EXTENT
 AND ON THE SAME BASIS AS COSTS ALLOCATED TO A COMPONENT SCHOOL DISTRICT,
 AND FURTHER PROVIDED THAT NON-COMPONENT SCHOOL DISTRICTS  SHALL  NOT  BE
 LIABLE  FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B
 OF THIS SUBDIVISION.
   § 4. The education law is amended by adding a new section 3039 to read
 as follows:
   § 3039. GRANTS FOR SCHOOL RESOURCE OFFICERS.  1. FOR PURPOSES OF  THIS
 SECTION, SCHOOL RESOURCE OFFICERS SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION TWENTY-EIGHT HUNDRED ONE-C OF THIS CHAPTER.
   2.  NONPUBLIC  SCHOOLS  SHALL,  UPON APPLICATION, BE REIMBURSED BY THE
 DEPARTMENT FOR THE SALARIES OF SCHOOL  RESOURCE  OFFICERS.  EACH  SCHOOL
 WHICH SEEKS A REIMBURSEMENT PURSUANT TO THIS SECTION SHALL SUBMIT TO THE
 A. 6453--A                          4
 
 OFFICE  OF  RELIGIOUS  AND  INDEPENDENT SCHOOLS AN APPLICATION THEREFOR,
 TOGETHER WITH SUCH ADDITIONAL DOCUMENTS AS THE COMMISSIONER MAY  REASON-
 ABLY  REQUIRE,  AT SUCH TIMES, IN SUCH FORM AND CONTAINING SUCH INFORMA-
 TION  AS  THE COMMISSIONER MAY PRESCRIBE BY REGULATION. APPLICATIONS FOR
 REIMBURSEMENT PURSUANT TO THIS SECTION MUST BE RECEIVED BY AUGUST  FIRST
 OF  EACH  YEAR FOR SCHOOLS TO BE REIMBURSED FOR THE SALARIES OF ELIGIBLE
 SCHOOL RESOURCE OFFICERS IN THE PRIOR YEAR.
   3. THE COMMISSIONER MAY PROMULGATE ANY RULES OR REGULATIONS  NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 5. This act shall take effect immediately.
 
                                  PART B

   Section  1.  Section  2.10 of the criminal procedure law is amended by
 adding a new subdivision 87 to read as follows:
   87. RETIRED POLICE OFFICERS EMPLOYED BY A SCHOOL  DISTRICT,  NONPUBLIC
 SCHOOL,  CHARTER SCHOOL, OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
 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.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Section 212 of the retirement and social  security  law  is
 amended by adding a new subdivision 4 to read as follows:
   4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION, SUCH ANNUAL EARNINGS LIMITATIONS FOR A RETIRED  POLICE  OFFICER
 EMPLOYED  BY  A  SCHOOL  DISTRICT  OR A BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, IN EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE AS  A  SCHOOL
 RESOURCE  OFFICER, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFICER OR ANY
 OTHER SUBSTANTIALLY SIMILAR POSITION  OR  OFFICE  THAT  IS  DESIGNED  TO
 PROVIDE  SAFETY  AND/OR  SECURITY  ON SCHOOL GROUNDS, PROVIDED THAT SUCH
 RETIRED POLICE OFFICER IS DULY QUALIFIED, COMPETENT AND  PHYSICALLY  FIT
 FOR  PERFORMANCE  OF THE DUTIES OF THE POSITION IN WHICH HE OR SHE IS TO
 BE EMPLOYED AS DETERMINED BY THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES AND IS PROPERLY CERTIFIED WHERE SUCH  CERTIFICATION
 IS  REQUIRED,  SHALL BE FIFTY THOUSAND DOLLARS FOR THE YEAR TWO THOUSAND
 TWENTY-FIVE AND THEREAFTER.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Parts A through C of this act shall  be
 as specifically set forth in the last section of such Parts.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   Insofar  as  it  would  affect the New York State and Local Retirement
 System (NYSLRS), this bill would allow retired police officers  who  are
 A. 6453--A                          5
 
 employed by a school district as a school resource officer, school safe-
 ty  officer, school security officer, or any other substantially similar
 position with an annual salary of $50,000 or less to continue to receive
 their  full  retirement  benefit  beginning  with  calendar  year  2025.
 Currently, the salary limit is $35,000.
   Pursuant to Section 25 of the Retirement and Social Security Law,  the
 increased  costs  would  be  borne entirely by the State of New York and
 would require an itemized appropriation sufficient to pay  the  cost  of
 the provision.
   Insofar  as  this bill affects the New York State and Local Employees'
 Retirement System (NYSLERS), if  enacted  during  the  2024  Legislative
 Session, the direct cost incurred would be the retiree's post-retirement
 earnings  more  than  $35,000 each calendar year, not to exceed the full
 pension benefit paid by the NYSLERS during that period.
   In the NYSLERS, this benefit improvement will be funded by including a
 separate itemized charge on the New York State annual invoice, equal  to
 the cost quoted above, plus interest.
   The  number  of  members  and  retirees  who could be affected by this
 legislation cannot be readily determined. For each retiree hired  pursu-
 ant to this proposal, an annual cost of $15,000 is expected.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 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, 2023
 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 26, 2024,  and  intended  for  use  only
 during  the  2024  Legislative  Session,  is  Fiscal  Note  No. 2024-55,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.