Bill Text: NY A05480 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the New York state school resource officer program; provides for grants for school resource officers (Part A); relates to peace officers who are retired police officers employed by a school district as a school resource officer (Part B); and allows retired police officers to be employed by a school district as a school safety officer, school security officer or any other substantially similar position for an annual salary of $50,000 or less to continue to receive their full retirement benefit (Part C).

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Introduced) 2019-02-12 - referred to education [A05480 Detail]

Download: New_York-2019-A05480-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5480
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
                                       ___________
        Introduced by M. of A. BYRNES -- read once and referred 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.
                                                                   LBD03845-02-9

        A. 5480                             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:

        A. 5480                             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-

        A. 5480                             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 2018

        A. 5480                             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.
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