S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6382--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 5, 2023
                                ___________
 
 Introduced by M. of A. STIRPE, SEAWRIGHT, SAYEGH, DAVILA, GUNTHER, McDO-
   NALD -- read once and referred to the Committee on Education -- recom-
   mitted  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, 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00232-07-4
              

 A. 6382--A                          2
 
 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
 OFFICERS AS WELL AS A SCHOOL RESOURCE OFFICER RECERTIFICATION PROGRAM TO
 RECERTIFY SCHOOL RESOURCE OFFICERS WHO  HAVE  PREVIOUSLY  COMPLETED  AND
 A. 6382--A                          3
 
 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 87 to read as follows:
   87. 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 THIRTY 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:
   This bill would allow, with the approval of the Commissioner of Educa-
 tion, retired police officers, retired state troopers, and retired depu-
 ty sheriffs who are employed as school resource officers with an  annual
 salary  of  $65,000 or less to continue to receive their full retirement
 benefit, provided that such  employment  is  by  any  of  (1)  a  school
 district,  (2)  a board of cooperative educational services, or (3) by a
 county, city, town or village police department pursuant to  a  contract
 with a school district to provide such services. Currently, only retired
 police  officers  employed  as  school  resource  officers  by  a school
 district are allowed enhanced post-retirement earning.
   Insofar as this bill affects the New York State and  Local  Retirement
 System  (NYSLRS),  if this bill were enacted during the 2024 Legislative
 Session, the direct cost incurred would be the retiree's pension benefit
 paid while post-retirement earnings are between $35,000 and $65,000 each
 calendar year. The pension benefit expected to be  paid  by  the  NYSLRS
 during that 2-month period is estimated to be $15,000 per person.
 A. 6382--A                          4
 
   In addition to the direct cost quoted above, there would be additional
 costs  in  the  form  of lost employer contributions due to non-billable
 post-retirement earnings, which is estimated to be $4,500 per person.
   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.
   The number of members and retirees  who  could  be  affected  by  this
 legislation  cannot  be  readily  determined.  For  each retiree rehired
 pursuant to this proposal, an annual cost of  $19,500  is  expected.  If
 large  numbers  of retirees are rehired into such positions, significant
 annual costs would result.
   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 March 7, 2024, and intended for use only during
 the 2024 Legislative  Session,  is  Fiscal  Note  No.  2024-70  Revised,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.