Bill Text: NY S08381 | 2017-2018 | General Assembly | Introduced
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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: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-10-17 - PRINT NUMBER 8381A [S08381 Detail]
Download: New_York-2017-S08381-Introduced.html
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: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-10-17 - PRINT NUMBER 8381A [S08381 Detail]
Download: New_York-2017-S08381-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8381 IN SENATE May 4, 2018 ___________ 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 18 designed to provide improved public safety and/or security on school 19 grounds. Such school resource officer may be a retired police officer, a 20 retired state trooper, a retired deputy sheriff, a state trooper, a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15468-03-8S. 8381 2 1 police officer in the active duty service of a town, city or village, or 2 a deputy sheriff from a county sheriff's department. 3 2. Any public, nonpublic or charter school, or a board of cooperative 4 educational services, may employ, in either the classified or unclassi- 5 fied service, any school resource officer for the purpose of providing 6 improved public safety and/or security on school grounds. Any such 7 public, nonpublic or charter school, or a board of cooperative educa- 8 tional services, may also contract with the state of New York, or a 9 county, city, town or village, for the provision of a state trooper, 10 police officer or deputy sheriff, to serve as a school resource officer, 11 for the purpose of providing improved public safety and/or security on 12 school grounds. A school district, nonpublic school, charter school, or 13 a board of cooperative educational services, shall be authorized to 14 employ or contract for as many school resource officers as such district 15 deems necessary. 16 3. It shall be the primary role of the school resource officer to 17 provide improved public safety and/or security on school grounds. In 18 addition, to this primary role, school resource officers also may serve 19 additional roles, including but not limited to: 20 (a) Proposing and enforcing policies and administrative procedures 21 related to school safety; 22 (b) Utilizing technology in the implementation of a comprehensive 23 safety program; 24 (c) Serving as a liaison with other school officials and other commu- 25 nity agencies, including but not limited to, other law enforcement enti- 26 ties, courts, health care entities, and mental health entities; 27 (d) Proposing and implementing strategies concerning prevention, 28 response and recovery efforts for incidents and/or emergency situations 29 occurring on school grounds and/or involving students, faculty, adminis- 30 tration or visitors to the school; 31 (e) Proposing and assisting in the execution of school emergency 32 drills and proposing and assisting in the creation of school safety 33 plans; 34 (f) Providing educational and mentoring services to students; 35 (g) Assisting in the design, explanation and enforcement of school 36 safety and security policies and procedures; and 37 (h) Performing such other and further roles, responsibilities and 38 activities as the school district may deem appropriate and proper for a 39 law enforcement officer to perform, in order to advance the security, 40 safety and well-being of students, faculty, administration and visitors 41 to the school district's schools, transportation vehicles and school 42 grounds. 43 4. Such school resource officer may carry and possess firearms during 44 the course of their duties at such school district, nonpublic school, 45 charter school, or a board of cooperative educational services, but 46 nothing in this subdivision shall be deemed to authorize such school 47 resource officer to carry, possess, repair or dispose of a firearm 48 unless the appropriate license therefor has been issued pursuant to 49 section 400.00 of the penal law. 50 § 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of 51 the education law, as amended by chapter 474 of the laws of 1996, is 52 amended and a new subparagraph 1-a is added to read as follows: 53 (1) Aidable shared services. At the request of component school 54 districts, and with the approval of the commissioner, provide any of the 55 following services on a cooperative basis: school nurse teacher, attend- 56 ance supervisor, supervisor of teachers, dental hygienist, psychologist,S. 8381 3 1 school resource officer, as such term is defined in section twenty-eight 2 hundred one-c of this chapter, teachers of art, music, physical educa- 3 tion, career education subjects, guidance counsellors, operation of 4 special classes for students with disabilities, as such term is defined 5 in article eighty-nine of this chapter; pupil and financial accounting 6 service by means of mechanical equipment; maintenance and operation of 7 cafeteria or restaurant service for the use of pupils and teachers while 8 at school, and such other services as the commissioner may approve. Such 9 cafeteria or restaurant service may be used by the community for school 10 related functions and activities and to furnish meals to the elderly 11 residents of the district, sixty years of age or older. Utilization by 12 elderly residents or school related groups shall be subject to the 13 approval of the board of education. Charges shall be sufficient to bear 14 the direct cost of preparation and serving of such meals, exclusive of 15 any other available reimbursements. 16 (1-a) Notwithstanding any other provision of law, rule, or regulation 17 to the contrary, school resource officers may be requested by charter 18 schools and school districts for up to six days per week throughout the 19 entire school year. 20 § 3. Paragraph h of subdivision 4 of section 1950 of the education law 21 is amended by adding two new subparagraphs 12 and 13 to read as follows: 22 (12) To enter into contracts with charter schools to provide school 23 resource officers, as such term is defined in section twenty-eight 24 hundred one-c of this chapter, provided that the costs of such school 25 resource officers shall be aidable pursuant to subdivision five of this 26 section to the same extent and on the same basis as costs allocated to a 27 component school district, and further provided that the aid ratio shall 28 be the aid ratio for the public school district where the charter school 29 is located, and further provided that charter schools shall not be 30 liable for payment of administrative expenses as defined in paragraph b 31 of this subdivision. 32 (13) To enter into contracts with non-component school districts 33 including city school districts of cities with one hundred twenty-five 34 thousand inhabitants or more, to provide school resource officers, as 35 such term is defined in section twenty-eight hundred one-c of this chap- 36 ter, provided that the costs of such school resource officers shall be 37 aidable pursuant to subdivision five of this section to the same extent 38 and on the same basis as costs allocated to a component school district, 39 and further provided that non-component school districts shall not be 40 liable for payment of administrative expenses as defined in paragraph b 41 of this subdivision. 42 § 4. The education law is amended by adding a new section 3038 to read 43 as follows: 44 § 3038. Grants for school resource officers. 1. For purposes of this 45 section, school resource officers shall have the same meaning as defined 46 in section twenty-eight hundred one-c of this chapter. 47 2. Nonpublic schools shall, upon application, be reimbursed by the 48 department for the salaries of school resource officers. Each school 49 which seeks a reimbursement pursuant to this section shall submit to the 50 office of religious and independent schools an application therefor, 51 together with such additional documents as the commissioner may reason- 52 ably require, at such times, in such form and containing such informa- 53 tion as the commissioner may prescribe by regulation. Applications for 54 reimbursement pursuant to this section must be received by August first 55 of each year for schools to be reimbursed for the salaries of eligible 56 school resource officers in the prior year.S. 8381 4 1 3. The commissioner may promulgate any rules or regulations necessary 2 to carry out the provisions of this section. 3 § 5. This act shall take effect immediately. 4 PART B 5 Section 1. Section 2.10 of the criminal procedure law is amended by 6 adding a new subdivision 85 to read as follows: 7 85. Retired police officers employed by a school district, nonpublic 8 school, charter school, or a board of cooperative educational services, 9 as a school resource officer; provided, however, that nothing in this 10 subdivision shall be deemed to authorize such officer to carry, possess, 11 repair or dispose of a firearm unless the appropriate license therefor 12 has been issued pursuant to section 400.00 of the penal law. 13 § 2. This act shall take effect immediately. 14 PART C 15 Section 1. Section 212 of the retirement and social security law is 16 amended by adding a new subdivision 4 to read as follows: 17 4. Notwithstanding the provisions of subdivisions one and two of this 18 section, such annual earnings limitations for a retired police officer 19 employed by a school district or a board of cooperative educational 20 services, in either the classified or unclassified service as a school 21 resource officer, school safety officer, school security officer or any 22 other substantially similar position or office that is designed to 23 provide safety and/or security on school grounds, provided that such 24 retired police officer is duly qualified, competent and physically fit 25 for performance of the duties of the position in which he or she is to 26 be employed as determined by the school district or board of cooperative 27 educational services and is properly certified where such certification 28 is required, shall be fifty thousand dollars for the year two thousand 29 eighteen and thereafter. 30 § 2. This act shall take effect immediately. FISCAL NOTE. -- Pursuant to Legislative Law, Section 50: This bill will allow retired police officers who are employed by a school district or board of cooperative education services as a school resource officer, school safety officer, school security officer or any other substantially similar position with an annual salary of $50,000 of less and continue to receive their full retirement benefit. Currently the salary limit is $30,000. If this bill is enacted, insofar as it will affect the New York State and Local Police and Fire Retirement System (PFRS), we expect few reti- rees 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, 2017 actuarial valu- ation. Distributions and other statistics can be found in the 2017 Report of the Actuary and the 2017 Comprehensive Annual Financials Report. The actuarial assumptions and methods used are described in the 2015, 2016, and 2017 Annual Report to the Comptroller on Actuarial Assump-S. 8381 5 tions, 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, 2017 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 estimate, dated April 23, 2018, and Intended for use only during the 2018 Legislative Session, is Fiscal Note No. 2018-92, 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.