NY State Senate Bill 2021-S4409B

Senate Bill S4409B

2021-2022 Legislative Session

Relates to the creation of the Comprehensive School Resource Officer Training and Implementation Program (SRO TIP)

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2022	print number 4409b
May 19, 2022	amend and recommit to education
Feb 14, 2022	print number 4409a
Feb 14, 2022	amend and recommit to education
Jan 05, 2022	referred to education
Feb 04, 2021	referred to education

Bill Amendments

Original

B (Active)

2021-S4409 - Details

See Assembly Version of this Bill:: A8910
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §§2801-c & 2801-d, Ed L; amd §2.10, CP L; amd §212, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6298, A6456
2023-2024: S6156, A6382

2021-S4409 - Summary

Creates the New York state school resource officer program for school districts outside of New York City; requires retired police officers be certified by the department of education to become school resource officers; allows retired police officers employed as school resource officers to carry a firearm on school grounds given an appropriate license; relates to the earnings limitations for retired police officers employed as a school resource officer.

2021-S4409 - Sponsor Memo

                                
 
BILL NUMBER: S4409

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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)

 
PURPOSE:

This bill would create a comprehensive School Resource Officer program
to enable more schools to place trained and certified SROs in their
buildings to improve the safety of school environments and protect chil-
dren in their educational setting.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new section 2801-c to the education
law to define the term School Resource Officer to include a retired

police officer, retired deputy sheriff, or retired state trooper who has
met the training certification described within this legislation, or an
active duty police officer, deputy sheriff or state trooper, and who,
once a certification process is established, is certified as a school
resource officer under section twenty-eight hundred one-d of this arti-
cle; to authorize any boards of cooperative educational services, and
public or nonpublic school districts which are not in a city school
district in a city having a population of one million or more, to hire
school resource officers, or contract with the state, a county, city,
town or village for such services; and to define the principal role of a
school resource officer as providing improved public safety and/or secu-
rity on school grounds through community policing techniques, investi-
gative measures, and tactical preparedness, and further delineate addi-
tional roles of a school resource officer.

Section 2 of this bill would add a new section 2801-d to authorize the
state department of education, utilizing the Boards of Cooperative
Educational Services (BOCES), to establish a training program to certify
retired police officers, retired deputy R44001p, or retired state troop-
ers, as SROs. Such training will be designed to include counseling tech-
niques, community policing practices, and gender and racial sensitivity
awareness, as well as 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 certification. Once
established, the certification program would offer shorter, yearly
training for recertification.

Section 3 of this bill would amend section 2.10 of the criminal proce-
dure law by expanding the definition of peace officer to include retired
police officers certified and employed by boards of cooperative educa-
tional services or a school district as school resource officers.

Section 4 of this bill would add a new subdivision to section 212 of the
retirement and social security law; eliminating the earnings limitations
for any retired police officer, retired state trooper or a retired depu-
ty sheriff who is employed as a school resource officer by a coun-

ty,town, or village police department pursuant to a contract with a
school district to provide such services.

 
JUSTIFICATION:

Recent incidents at schools across the country have raised public
concern for the safety of children, teachers and educational facilities,
in general. Many school districts have, in response, opted to increase
their use of professional security personnel, joining the host of
districts that already use School Resource Officers. The challenge is
that SRO programs, which are often created at the local level through
contracts with law enforcement agencies, can be cost-prohibitive, limit-
ing the amount of personnel in the field and reducing the number school
districts that can afford to create a program.

One solution for this challenge is to employ retired law enforcement
officers who bring a wealth of experience in investigations, community
policing techniques and crime prevention, and can work for a school
district at far less cost than a contract with an existing agency or
with an active-duty officer. There are currently several legal hurdles
and limitations that hamper the wider use of retired officers as SROs.
To increase and improve the use of retired officers as SROs, this legis-
lation addresses the legal definition of an SRO, expands the legal
status of retired officers and increases their earnings limitations
dependent on qualifying actions. It also adds a critical training and
certification component for retired officers who want to become SROS,
which is currently missing in the current disconnected implementation of
SROs across the state.

Finally, the training component addresses what is often a top concern
for parents and communities on the increased use of SROs, by making sure
that retired officers hired for this important roll have the training to
properly prevent potential threats and improve the safety of all
students, not just be on hand to deter or respond to actual incidents.

 
FISCAL IMPLICATIONS:

See the bill.

 
LEGISLATIVE HISTORY:

2020 - S6298A Amend and Recommit to Education / Print Number 6298A
Assembly

2020 - A6456B Amend And Recommit to Education / Print Number 6456B

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4409 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4409
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed 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 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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05917-02-1

 S. 4409                             2
 
 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
 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-

 S. 4409                             3
 
 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:
   Membership  data as of March 31, 2020 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
 Report.

 S. 4409                             4
 
   The actuarial assumptions and methods used are described in  the  2020
 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, 2020
 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 21,  2021,  and  intended  for  use  only
 during  the  2021  Legislative  Session,  is  Fiscal  Note  No. 2021-59,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

2021-S4409A - Details

See Assembly Version of this Bill:: A8910
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §§2801-c & 2801-d, Ed L; amd §2.10, CP L; amd §212, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6298, A6456
2023-2024: S6156, A6382

2021-S4409A - Summary

2021-S4409A - Sponsor Memo

                                 
BILL NUMBER: S4409A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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)

 
PURPOSE:

This bill would create a comprehensive School Resource Officer program
to enable more schools to place trained and certified SROs in their
buildings to improve the safety of school environments and protect chil-
dren in their educational setting.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new section 2801-c to the education
law to define the term School Resource Officer to include a retired
police officer, retired deputy sheriff, or retired state trooper who has

met the training certification described within this legislation, or an
active duty police officer, deputy sheriff or state trooper, and who,
once a certification process is established, is certified as a school
resource officer under section twenty-eight hundred one-d of this arti-
cle; to authorize any boards of cooperative educational services, and
public or nonpublic school districts which are not in a city school
district in a city having a population of one million or more, to hire
school resource officers, or contract with the state, a county, city,
town or village for such services; and to define the principal role of a
school resource officer as providing improved public safety and/or secu-
rity on school grounds through community policing techniques, investi-
gative measures, and tactical preparedness, and further delineate addi-
tional roles of a school resource officer.

Section 2 of this bill would add a new section 2801-d to authorize the
state department of education, utilizing the Boards of Cooperative
Educational Services (BOCES), to establish a training program to certify
retired police officers, retired deputy R44001p, or retired state troop-
ers, as SROs. Such training will be designed to include counseling tech-
niques, community policing practices, and gender and racial sensitivity
awareness, as well as 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 certification. Once
established, the certification program would offer shorter, yearly
training for recertification.

Section 3 of this bill would amend section 2.10 of the criminal proce-
dure law by expanding the definition of peace officer to include retired
police officers certified and employed by boards of cooperative educa-
tional services or a school district as school resource officers.

Section 4 of this bill would add a new subdivision to section 212 of the
retirement and social security law; providing the commissioner of educa-
tion the discretion to include up to twenty thousand dollars in addition
to the earnings limitations set forth in subdivision two of this section
for any retired police officer, retired state trooper or a retired depu-
ty sheriff who is employed as a school resource officer by a county,
town, or village police department pursuant to a contract with a school
district to provide such services.

 
JUSTIFICATION:

Recent incidents at schools across the country have raised public
concern for the safety of children, teachers and educational facilities,
in general. Many school districts have, in response, opted to increase
their use of professional security personnel, joining the host of
districts that already use School Resource Officers. The challenge is
that SRO programs, which are often created at the local level through
contracts with law enforcement agencies, can be cost-prohibitive, limit-
ing the amount of personnel in the field and reducing the number school
districts that can afford to create a program.

One solution for this challenge is to employ retired law enforcement
officers who bring a wealth of experience in investigations, community
policing techniques and crime prevention, and can work for a school
district at far less cost than a contract with an existing agency or
with an active-duty officer. There are currently several legal hurdles
and limitations that hamper the wider use of retired officers as SROs.
To increase and improve the use of retired officers as SR0s, this legis-
lation addresses the legal definition of an SRO, expands the legal
status of retired officers and increases their earnings limitations
dependent on qualifying actions. It also adds a critical training and
certification component for retired officers who want to become SROS,
which is currently missing in the current disconnected implementation of
SROs across the state.

Finally, the training component addresses what is often a top concern
for parents and communities on the increased use of SROs, by making sure
that retired officers hired for this important roll have the training to
properly prevent potential threats and improve the safety of all
students, not just be on hand to deter or respond to actual incidents.

 
LEGISLATIVE HISTORY:

2020 - S6298A Amend and Recommit to Education/ A6456B Amend and Recommit
to Education

2021 - S4409 Referred to Education

2022 - S4409 Referred to Education/ A8910 Referred to Education

 
FISCAL IMPLICATIONS:

Insofar as this bill will affect the New York State and Local Employees'
Retirement System (NYSLERS) and the New York State and Local Police and
Fire Retirement System (NYSLPFRS), this bill will allow the commissioner
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
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 actuarial
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.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4409A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4409--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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, 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.
                                                            LBD05917-05-2

 S. 4409--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. 4409--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.  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.
 S. 4409--A                          4
 
   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:
   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.

co-Sponsors

2021-S4409B (ACTIVE) - Details

See Assembly Version of this Bill:: A8910
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §§2801-c & 2801-d, Ed L; amd §2.10, CP L; amd §212, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6298, A6456
2023-2024: S6156, A6382

2021-S4409B (ACTIVE) - Summary

2021-S4409B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4409B

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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)

 
PURPOSE:

This bill would create a comprehensive School Resource Officer program
to enable more schools to place trained and certified SROs in their
buildings to improve the safety of school environments and protect chil-
dren in their educational setting.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new section 2801-c to the education
law to define the term School Resource Officer to include a retired
police officer, retired deputy sheriff, retired state trooper, or

retired federal law enforcement officer who has met the training certif-
ication described within this legislation, or an active duty police
officer, deputy sheriff or state trooper, 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; to authorize any
boards of cooperative educational services, and public or nonpublic
school districts which are not in a city school district in a city
having a population of one million or more, to hire school resource
officers, or contract with the state, a county, city, town or village
for such services; and to define the principal role of a school resource
officer as providing improved public safety and/or security on school
grounds through community policing techniques, investigative measures,
and tactical preparedness, and further delineate additional roles of a
school resource officer.

Section 2 of this bill would add a new section 2801-d to authorize the
State Department of Education, utilizing the Boards of Cooperative
Educational Services (BOCES), to establish a training program to certify
retired police officers, retired deputy deputies, retired state troop-
ers, or retired federal law enforcement officers as SROs.  Such training
will be designed to include counseling techniques, community policing
practices, and gender and racial sensitivity awareness, as well as 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 train-
ing provided for certification. Once established, the certification
program would offer shorter, yearly training for recertification.

Section 3 of this bill Would amend section 2.10 of the criminal proce-
dure law by expanding the definition of peace officer to include retired
police officers, retired deputy deputies, retired state troopers, or
retired federal law enforcement officers certified and employed by
boards of cooperative educational services or a school district as
school resource officers.

Section 4 of this bill would add a new subdivision to section 212 of the
retirement and social security law; providing the commissioner of educa-
tion the discretion to include up to twenty thousand dollars in addition
to the earnings limitations set forth in subdivision two of this section
for any retired police officer, retired state trooper or a retired depu-
ty sheriff who is employed as a school resource officer by a county,
town, or village police department pursuant to a contract with a school
district to provide such services.

 
JUSTIFICATION:

Recent incidents at schools across the country have raised public
concern for the safety of children, teachers and educational facilities,
in general. Many school districts have, in response, opted to increase
their use of professional security personnel, joining the host of
districts that already use School Resource Officers. The challenge is
that SRO programs, which are often created at the local level through
contracts with law enforcement agencies, can be cost-prohibitive, limit-
ing the amount of personnel in the field and reducing the number school
districts that can afford to create a program.

One solution for this challenge is to employ retired law enforcement
officers who bring a wealth of experience in investigations, community
policing techniques and crime prevention, and can work for a school
district at far less cost than a contract with an existing agency or
with an active-duty officer. There are currently several legal hurdles
and limitations that hamper the wider use of retired officers as SROs.
To increase and improve the use of retired officers as SROs, this legis-
lation addresses the legal definition of an SRO, expands the legal
status of retired officers and increases their earnings limitations
dependent on qualifying actions. It also adds a critical training and
certification component for retired officers who want to become SROS,
which is currently missing in the current disconnected implementation of
SROs across the state.

Finally, the training component addresses what is often a top concern
for parents and communities on the increased use of SROs, by making sure
that retired officers hired for this important roll have the training to
properly prevent potential threats and improve the safety of all
students, not just be on hand to deter or respond to actual incidents.

 
LEGISLATIVE HISTORY:

2020 - S6298A Amend and Recommit to Education/ A645613 Amend and Recom-
mit to Education

2021 - S4409 Referred to Education

2022 - S4409 Referred to Education/ A8910 Referred to Education

 
FISCAL IMPLICATIONS:

Insofar as this bill will affect the New York State and Local Employees'
Retirement System (NYSLERS) and the New York State and Local Police and
Fire Retirement System (NYSLPFRS), this bill will allow the commissioner
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 offi-
cers. 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
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 actuarial
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.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4409B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4409--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05917-09-2

 S. 4409--B                          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,  RETIRED  STATE
 TROOPERS AND RETIRED FEDERAL LAW ENFORCEMENT OFFICERS AS SCHOOL RESOURCE
 S. 4409--B                          3
 
 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
 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
 S. 4409--B                          4
 
 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
 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.

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