Bill Text: NY A09630 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the New York state school safety and security act; establishes the office of school safety and security to perform assessments of educational facilities for safety and security and provide safety and security training; establishes the school safety and security advisory board to establish school safety and security best practices and resources; imposes a one percent tax on mobile sports wagering to fund such office.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-03-26 - referred to education [A09630 Detail]
Download: New_York-2023-A09630-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9630 IN ASSEMBLY March 26, 2024 ___________ Introduced by M. of A. J. M. GIGLIO -- read once and referred to the Committee on Education AN ACT to amend the education law and the racing, pari-mutuel wagering and breeding law, in relation to establishing the New York state school safety and security act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 state school safety and security act". 3 § 2. Article 3 of the education law is amended by adding a new part 2 4 to read as follows: 5 PART II 6 SCHOOL SAFETY AND SECURITY 7 Section 150. Definitions. 8 151. Office of school safety and security. 9 152. School safety and security advisory board. 10 § 150. Definitions. As used in this part, the following terms shall 11 have the following meanings: 12 1. The term "office" means the office of school safety and security. 13 2. The term "advisory board" means the school safety and security 14 advisory board. 15 3. The term "executive director" means the executive director heading 16 the office. 17 § 151. Office of school safety and security. 1. There is hereby estab- 18 lished within the department an office that shall be known as the office 19 of school safety and security. The office shall create and implement 20 programs to ensure schools maintain adequate safety and security stand- 21 ards and shall serve as a clearinghouse for best practices and tech- 22 niques from school districts, law enforcement, stakeholders, and any 23 other entity as determined by the commissioner. 24 2. The office shall be headed by an executive director appointed by 25 the commissioner. The executive director shall be responsible for the 26 performance of the regular administrative functions of the office and 27 other duties as the commissioner may direct. The commissioner may employ EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14665-04-4A. 9630 2 1 persons within the office in addition to the executive director as 2 necessary to fulfill the responsibilities of the office as set forth in 3 this part. 4 3. The office shall conduct assessments for consistency with the 5 school safety and security guidelines developed by the advisory board at 6 all public educational facilities in the state each school year. Employ- 7 ees of the office shall be permitted to enter a public educational 8 facility at a reasonable time to conduct such annual assessments. The 9 executive director shall prepare a written report for each security 10 assessment conducted by the office. Such reports shall include, but not 11 be limited to, any safety or security vulnerabilities found in the 12 subject educational facility and recommendations for remedying such 13 vulnerabilities. The office shall provide a copy of the report to the 14 local education agency or institution, local and state law enforcement 15 agencies and to the school principal or institution president. 16 4. The office shall, on or before September first of each year, 17 prepare an annual report based on the findings from the previous school 18 year's assessments conducted under subdivision three of this section. A 19 copy of such report shall be submitted to the commissioner and to the 20 advisory board. 21 5. Upon request of any public educational institution, the office 22 shall provide training and technical assistance on best practices and 23 resources for school safety and security as set forth in the guidelines 24 established by the advisory board. 25 § 152. School safety and security advisory board. 1. There is hereby 26 established within the department the school safety and security advi- 27 sory board. The advisory board shall consist of fourteen members as 28 follows: 29 (a) Four members appointed by the governor as follows: 30 (i) One parent of a student who attends a New York public school; 31 (ii) One teacher who teaches in a New York public school; 32 (iii) One representative of a local school board; and 33 (iv) One representative of school superintendents; 34 (b) The chancellor of the New York city department of education or the 35 chancellor's designee; 36 (c) One representative from the state education department as 37 appointed by the commissioner; 38 (d) One representative from the New York state police as appointed by 39 the superintendent of state police; 40 (e) One representative from the New York state association of chiefs 41 of police as appointed by the executive director of the New York state 42 association of chiefs of police; 43 (f) One representative from the New York sheriffs' association as 44 appointed by the president of the New York sheriffs' association; 45 (g) One representative from the New York state association of fire 46 chiefs as appointed by the president of the New York state association 47 of fire chiefs; and 48 (h) Four representatives from the state legislature that shall include 49 one member from the senate appointed by the temporary president of the 50 senate, one member from the senate appointed by the minority leader of 51 the senate, one member from the assembly appointed by the speaker of the 52 assembly and one member from the assembly appointed by the minority 53 leader of the assembly. 54 2. The members of the advisory board shall serve the following terms: 55 (a) The gubernatorial appointees shall serve terms of three years. 56 (b) All other members shall serve terms of two years.A. 9630 3 1 3. A vacancy on the advisory board shall be filled in the same manner 2 as the original appointment and for the balance of the unexpired term. 3 4. The advisory board shall appoint a chairperson from among its 4 members for a one year term. 5 5. The members of the advisory board shall receive no compensation for 6 their services but shall be allowed their actual and necessary expenses 7 incurred in the performance of their duties hereunder. 8 6. The advisory board shall meet at least annually but may meet more 9 frequently subject to the call of the chairperson. 10 7. The advisory board shall: 11 (a) Develop, annually review, and modify, if necessary, school safety 12 and security best practices and resources for the office to use in 13 conducting its annual assessments, training, and technical assistance. 14 Such best practices and resources shall be contained within a searchable 15 repository in machine readable format and posted on the department's 16 public website; 17 (b) Regularly assess school safety and security best practices and 18 resources that may be used in public educational facilities; and 19 (c) On or before February first of each year, report to the legisla- 20 ture and the governor on the status of school safety and security in New 21 York public educational facilities. 22 § 3. Subdivision 8 of section 1367 of the racing, pari-mutuel wagering 23 and breeding law, as added by section 3 of part Y of chapter 59 of the 24 laws of 2021, is amended to read as follows: 25 8. Notwithstanding section thirteen hundred fifty-one of this article, 26 mobile sports wagering gross gaming revenue and tax revenue shall be 27 excluded from sports wagering gross gaming revenue and tax revenue. 28 Mobile sports wagering tax revenue shall be separately maintained and 29 returned to the state for deposit into the state lottery fund for educa- 30 tion aid except as otherwise provided in this subdivision. Any interest 31 and penalties imposed by the commission relating to those taxes, all 32 penalties levied and collected by the commission, and the appropriate 33 funds, cash or prizes forfeited from sports wagering shall be deposited 34 into the state lottery fund for education. In the first fiscal year in 35 which mobile sports wagering licensees commence operations and accept 36 mobile sports wagers pursuant to this section, the commission shall pay 37 into the commercial gaming fund one percent of the state tax imposed on 38 mobile sports wagering by this section to be distributed for problem 39 gambling education and treatment purposes pursuant to paragraph a of 40 subdivision four of section ninety-seven-nnnn of the state finance law; 41 provided however, that such amount shall be equal to six million dollars 42 for each fiscal year thereafter. In the first fiscal year in which 43 mobile sports wagering licensees commence operations and accept mobile 44 sports wagers pursuant to this section, the commission shall pay one 45 percent of the state tax imposed on mobile sports wagering by this 46 section to the general fund, a program to be administered by the office 47 of children and family services for a statewide youth sports activities 48 and education grant program for the purpose of providing annual awards 49 to sports programs for underserved youth under the age of eighteen 50 years; provided however, that such amount shall be equal to five million 51 dollars for each fiscal year thereafter. Beginning in fiscal year two 52 thousand twenty-four--two thousand twenty-five, the commission shall pay 53 one percent of state tax imposed on mobile sports wagering by this 54 section to the general fund, for expenses incurred by the office of 55 school safety and security in the department of education; provided 56 however, that such amount shall not exceed the actual costs incurred inA. 9630 4 1 the performance of the duties of such office for each fiscal year there- 2 after. The commission shall require at least monthly deposits by a plat- 3 form provider of any payments pursuant to subdivision seven of this 4 section, at such times, under such conditions, and in such depositories 5 as shall be prescribed by the state comptroller. The deposits shall be 6 deposited to the credit of the state commercial gaming revenue fund. The 7 commission shall require a monthly report and reconciliation statement 8 to be filed with it on or before the tenth day of each month, with 9 respect to gross revenues and deposits received and made, respectively, 10 during the preceding month. 11 § 4. This act shall take effect immediately.
