S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4286--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sens. GALLIVAN, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Education  --
   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, 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 two of this act sets forth the gener-
 al 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.
                                                            LBD04103-06-2
 S. 4286--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.
 S. 4286--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
 S. 4286--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 86 to read as follows:
   86. 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-TWO AND THEREAFTER.
   § 2. This act shall take effect immediately.
   § 2. 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 this bill would affect the New York State and Local  Police
 and  Fire  Retirement  System  (NYSLPFRS), this bill would allow retired
 police officers who are employed  by  a  school  district  as  a  school
 resource  officer, school safety officer, school security officer or any
 other substantially similar position with an annual salary of $50,000 or
 less and continue to receive their full retirement  benefit.  Currently,
 the salary limit is $35,000.
   If this bill is enacted during the 2022 legislative session, we expect
 few retirees to be affected. There would be negligible additional annual
 costs.  However,  if large numbers of retirees are hired into such posi-
 tions, there would be additional annual costs which would be  shared  by
 S. 4286--A                          5
 
 the  State  of  New  York  and all of the participating employers in the
 NYSLPFRS.
   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 March 1, 2022, and intended for use  only  during
 the  2022  Legislative  Session, is Fiscal Note No. 2022-85, prepared by
 the Actuary for the New York State and Local Retirement System.