STATE OF NEW YORK ________________________________________________________________________ 1330 2019-2020 Regular Sessions IN SENATE January 14, 2019 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Education 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: 1 Section 1. This act enacts into law components of legislation relating 2 to school safety. Each component is wholly contained within a Part iden- 3 tified as Parts A through C. The effective date for each particular 4 provision contained within such Part as set forth in the last section of 5 such Part. Any provision in any section contained within a Part, includ- 6 ing the effective date of the Part, which makes a reference to a section 7 "of this act", when used in connection with that particular component, 8 shall be deemed to mean and refer to the corresponding section of the 9 Part in which it is found. Section three of this act sets forth the 10 general effective date of this act. 11 PART A 12 Section 1. The education law is amended by adding a new section 2801-c 13 to read as follows: 14 § 2801-c. New York state school resource officer program. 1. For 15 purposes of this section, the term "school resource officer" shall mean 16 a school resource officer, school safety officer, school security offi- 17 cer, or any other substantially similar position or office, that is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03845-02-9S. 1330 2 1 designed to provide improved public safety and/or security on school 2 grounds. Such school resource officer may be a retired police officer, a 3 retired state trooper, a retired deputy sheriff, a state trooper, a 4 police officer in the active duty service of a town, city or village, or 5 a deputy sheriff from a county sheriff's department. 6 2. Any public, nonpublic or charter school, or a board of cooperative 7 educational services, may employ, in either the classified or unclassi- 8 fied service, any school resource officer for the purpose of providing 9 improved public safety and/or security on school grounds. Any such 10 public, nonpublic or charter school, or a board of cooperative educa- 11 tional services, may also contract with the state of New York, or a 12 county, city, town or village, for the provision of a state trooper, 13 police officer or deputy sheriff, to serve as a school resource officer, 14 for the purpose of providing improved public safety and/or security on 15 school grounds. A school district, nonpublic school, charter school, or 16 a board of cooperative educational services, shall be authorized to 17 employ or contract for as many school resource officers as such district 18 deems necessary. 19 3. It shall be the primary role of the school resource officer to 20 provide improved public safety and/or security on school grounds. In 21 addition, to this primary role, school resource officers also may serve 22 additional roles, including but not limited to: 23 (a) Proposing and enforcing policies and administrative procedures 24 related to school safety; 25 (b) Utilizing technology in the implementation of a comprehensive 26 safety program; 27 (c) Serving as a liaison with other school officials and other commu- 28 nity agencies, including but not limited to, other law enforcement enti- 29 ties, courts, health care entities, and mental health entities; 30 (d) Proposing and implementing strategies concerning prevention, 31 response and recovery efforts for incidents and/or emergency situations 32 occurring on school grounds and/or involving students, faculty, adminis- 33 tration or visitors to the school; 34 (e) Proposing and assisting in the execution of school emergency 35 drills and proposing and assisting in the creation of school safety 36 plans; 37 (f) Providing educational and mentoring services to students; 38 (g) Assisting in the design, explanation and enforcement of school 39 safety and security policies and procedures; and 40 (h) Performing such other and further roles, responsibilities and 41 activities as the school district may deem appropriate and proper for a 42 law enforcement officer to perform, in order to advance the security, 43 safety and well-being of students, faculty, administration and visitors 44 to the school district's schools, transportation vehicles and school 45 grounds. 46 4. Such school resource officer may carry and possess firearms during 47 the course of their duties at such school district, nonpublic school, 48 charter school, or a board of cooperative educational services, but 49 nothing in this subdivision shall be deemed to authorize such school 50 resource officer to carry, possess, repair or dispose of a firearm 51 unless the appropriate license therefor has been issued pursuant to 52 section 400.00 of the penal law. 53 § 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of 54 the education law, as amended by chapter 474 of the laws of 1996, is 55 amended and a new subparagraph 1-a is added to read as follows:S. 1330 3 1 (1) Aidable shared services. At the request of component school 2 districts, and with the approval of the commissioner, provide any of the 3 following services on a cooperative basis: school nurse teacher, attend- 4 ance supervisor, supervisor of teachers, dental hygienist, psychologist, 5 school resource officer, as such term is defined in section twenty-eight 6 hundred one-c of this chapter, teachers of art, music, physical educa- 7 tion, career education subjects, guidance counsellors, operation of 8 special classes for students with disabilities, as such term is defined 9 in article eighty-nine of this chapter; pupil and financial accounting 10 service by means of mechanical equipment; maintenance and operation of 11 cafeteria or restaurant service for the use of pupils and teachers while 12 at school, and such other services as the commissioner may approve. Such 13 cafeteria or restaurant service may be used by the community for school 14 related functions and activities and to furnish meals to the elderly 15 residents of the district, sixty years of age or older. Utilization by 16 elderly residents or school related groups shall be subject to the 17 approval of the board of education. Charges shall be sufficient to bear 18 the direct cost of preparation and serving of such meals, exclusive of 19 any other available reimbursements. 20 (1-a) Notwithstanding any other provision of law, rule, or regulation 21 to the contrary, school resource officers may be requested by charter 22 schools and school districts for up to six days per week throughout the 23 entire school year. 24 § 3. Paragraph h of subdivision 4 of section 1950 of the education law 25 is amended by adding two new subparagraphs 12 and 13 to read as follows: 26 (12) To enter into contracts with charter schools to provide school 27 resource officers, as such term is defined in section twenty-eight 28 hundred one-c of this chapter, provided that the costs of such school 29 resource officers shall be aidable pursuant to subdivision five of this 30 section to the same extent and on the same basis as costs allocated to a 31 component school district, and further provided that the aid ratio shall 32 be the aid ratio for the public school district where the charter school 33 is located, and further provided that charter schools shall not be 34 liable for payment of administrative expenses as defined in paragraph b 35 of this subdivision. 36 (13) To enter into contracts with non-component school districts 37 including city school districts of cities with one hundred twenty-five 38 thousand inhabitants or more, to provide school resource officers, as 39 such term is defined in section twenty-eight hundred one-c of this chap- 40 ter, provided that the costs of such school resource officers shall be 41 aidable pursuant to subdivision five of this section to the same extent 42 and on the same basis as costs allocated to a component school district, 43 and further provided that non-component school districts shall not be 44 liable for payment of administrative expenses as defined in paragraph b 45 of this subdivision. 46 § 4. The education law is amended by adding a new section 3039 to read 47 as follows: 48 § 3039. Grants for school resource officers. 1. For purposes of this 49 section, school resource officers shall have the same meaning as defined 50 in section twenty-eight hundred one-c of this chapter. 51 2. Nonpublic schools shall, upon application, be reimbursed by the 52 department for the salaries of school resource officers. Each school 53 which seeks a reimbursement pursuant to this section shall submit to the 54 office of religious and independent schools an application therefor, 55 together with such additional documents as the commissioner may reason- 56 ably require, at such times, in such form and containing such informa-S. 1330 4 1 tion as the commissioner may prescribe by regulation. Applications for 2 reimbursement pursuant to this section must be received by August first 3 of each year for schools to be reimbursed for the salaries of eligible 4 school resource officers in the prior year. 5 3. The commissioner may promulgate any rules or regulations necessary 6 to carry out the provisions of this section. 7 § 5. This act shall take effect immediately. 8 PART B 9 Section 1. Section 2.10 of the criminal procedure law is amended by 10 adding a new subdivision 85 to read as follows: 11 85. Retired police officers employed by a school district, nonpublic 12 school, charter school, or a board of cooperative educational services, 13 as a school resource officer; provided, however, that nothing in this 14 subdivision shall be deemed to authorize such officer to carry, possess, 15 repair or dispose of a firearm unless the appropriate license therefor 16 has been issued pursuant to section 400.00 of the penal law. 17 § 2. This act shall take effect immediately. 18 PART C 19 Section 1. Section 212 of the retirement and social security law is 20 amended by adding a new subdivision 4 to read as follows: 21 4. Notwithstanding the provisions of subdivisions one and two of this 22 section, such annual earnings limitations for a retired police officer 23 employed by a school district or a board of cooperative educational 24 services, in either the classified or unclassified service as a school 25 resource officer, school safety officer, school security officer or any 26 other substantially similar position or office that is designed to 27 provide safety and/or security on school grounds, provided that such 28 retired police officer is duly qualified, competent and physically fit 29 for performance of the duties of the position in which he or she is to 30 be employed as determined by the school district or board of cooperative 31 educational services and is properly certified where such certification 32 is required, shall be fifty thousand dollars for the year two thousand 33 nineteen and thereafter. 34 § 2. 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 Police and Fire Retirement System (PFRS), this bill will 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 to continue to receive their full retirement benefit. Currently, the salary limit is $30,000. 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 PFRS. Summary of relevant resources: The membership data used in measuring the impact of the proposed change was the same as that used in the March 31, 2018 actuarial valu- ation. Distributions and other statistics can be found in the 2018S. 1330 5 Report of the Actuary and the 2018 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2015, 2016, 2017 and 2018 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, 2018 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 8, 2019, and intended for use only during the 2019 Legislative Session, is Fiscal Note No. 2019-17, prepared by the Actuary for the New York State and Local Retirement System. 1 § 2. Severability. If any clause, sentence, paragraph, subdivision, 2 section or part of this act shall be adjudged by any court of competent 3 jurisdiction to be invalid, such judgment shall not affect, impair, or 4 invalidate the remainder thereof, but shall be confined in its operation 5 to the clause, sentence, paragraph, subdivision, section or part thereof 6 directly involved in the controversy in which such judgment shall have 7 been rendered. It is hereby declared to be the intent of the legislature 8 that this act would have been enacted even if such invalid provisions 9 had not been included herein. 10 § 3. This act shall take effect immediately; provided, however, that 11 the applicable effective date of Parts A through C of this act shall be 12 as specifically set forth in the last section of such Parts.