S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9630
 
                           I N  A S S E M B L Y
 
                              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:

   Section  1.  This act shall be known and may be cited as the "New York
 state school safety and security act".
   § 2. Article 3 of the education law is amended by adding a new part  2
 to read as follows:
                                  PART II
                        SCHOOL SAFETY AND SECURITY
 SECTION 150. DEFINITIONS.
         151. OFFICE OF SCHOOL SAFETY AND SECURITY.
         152. SCHOOL SAFETY AND SECURITY ADVISORY BOARD.
   § 150. DEFINITIONS.  AS  USED  IN THIS PART, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. THE TERM "OFFICE" MEANS THE OFFICE OF SCHOOL SAFETY AND SECURITY.
   2. THE TERM "ADVISORY BOARD" MEANS  THE  SCHOOL  SAFETY  AND  SECURITY
 ADVISORY BOARD.
   3.  THE TERM "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR HEADING
 THE OFFICE.
   § 151. OFFICE OF SCHOOL SAFETY AND SECURITY. 1. THERE IS HEREBY ESTAB-
 LISHED WITHIN THE DEPARTMENT AN OFFICE THAT SHALL BE KNOWN AS THE OFFICE
 OF SCHOOL SAFETY AND SECURITY. THE OFFICE  SHALL  CREATE  AND  IMPLEMENT
 PROGRAMS  TO ENSURE SCHOOLS MAINTAIN ADEQUATE SAFETY AND SECURITY STAND-
 ARDS AND SHALL SERVE AS A CLEARINGHOUSE FOR  BEST  PRACTICES  AND  TECH-
 NIQUES  FROM  SCHOOL  DISTRICTS,  LAW ENFORCEMENT, STAKEHOLDERS, AND ANY
 OTHER ENTITY AS DETERMINED BY THE COMMISSIONER.
   2. THE OFFICE SHALL BE HEADED BY AN EXECUTIVE  DIRECTOR  APPOINTED  BY
 THE  COMMISSIONER.  THE  EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE
 PERFORMANCE OF THE REGULAR ADMINISTRATIVE FUNCTIONS OF  THE  OFFICE  AND
 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.
              

                                                            LBD14665-04-4
 A. 9630                             2
 
 PERSONS  WITHIN  THE  OFFICE  IN  ADDITION  TO THE EXECUTIVE DIRECTOR AS
 NECESSARY TO FULFILL THE RESPONSIBILITIES OF THE OFFICE AS SET FORTH  IN
 THIS PART.
   3.  THE  OFFICE  SHALL  CONDUCT  ASSESSMENTS  FOR CONSISTENCY WITH THE
 SCHOOL SAFETY AND SECURITY GUIDELINES DEVELOPED BY THE ADVISORY BOARD AT
 ALL PUBLIC EDUCATIONAL FACILITIES IN THE STATE EACH SCHOOL YEAR. EMPLOY-
 EES OF THE OFFICE SHALL BE  PERMITTED  TO  ENTER  A  PUBLIC  EDUCATIONAL
 FACILITY  AT  A  REASONABLE TIME TO CONDUCT SUCH ANNUAL ASSESSMENTS. THE
 EXECUTIVE DIRECTOR SHALL PREPARE A  WRITTEN  REPORT  FOR  EACH  SECURITY
 ASSESSMENT  CONDUCTED BY THE OFFICE. SUCH REPORTS SHALL INCLUDE, BUT NOT
 BE LIMITED TO, ANY SAFETY  OR  SECURITY  VULNERABILITIES  FOUND  IN  THE
 SUBJECT  EDUCATIONAL  FACILITY  AND  RECOMMENDATIONS  FOR REMEDYING SUCH
 VULNERABILITIES. THE OFFICE SHALL PROVIDE A COPY OF THE  REPORT  TO  THE
 LOCAL  EDUCATION  AGENCY OR INSTITUTION, LOCAL AND STATE LAW ENFORCEMENT
 AGENCIES AND TO THE SCHOOL PRINCIPAL OR INSTITUTION PRESIDENT.
   4. THE OFFICE SHALL, ON  OR  BEFORE  SEPTEMBER  FIRST  OF  EACH  YEAR,
 PREPARE  AN ANNUAL REPORT BASED ON THE FINDINGS FROM THE PREVIOUS SCHOOL
 YEAR'S ASSESSMENTS CONDUCTED UNDER SUBDIVISION THREE OF THIS SECTION.  A
 COPY  OF  SUCH  REPORT SHALL BE SUBMITTED TO THE COMMISSIONER AND TO THE
 ADVISORY BOARD.
   5. UPON REQUEST OF ANY  PUBLIC  EDUCATIONAL  INSTITUTION,  THE  OFFICE
 SHALL  PROVIDE  TRAINING  AND TECHNICAL ASSISTANCE ON BEST PRACTICES AND
 RESOURCES FOR SCHOOL SAFETY AND SECURITY AS SET FORTH IN THE  GUIDELINES
 ESTABLISHED BY THE ADVISORY BOARD.
   § 152. SCHOOL  SAFETY  AND SECURITY ADVISORY BOARD. 1. THERE IS HEREBY
 ESTABLISHED WITHIN THE DEPARTMENT THE SCHOOL SAFETY AND  SECURITY  ADVI-
 SORY  BOARD.  THE  ADVISORY  BOARD  SHALL CONSIST OF FOURTEEN MEMBERS AS
 FOLLOWS:
   (A) FOUR MEMBERS APPOINTED BY THE GOVERNOR AS FOLLOWS:
   (I) ONE PARENT OF A STUDENT WHO ATTENDS A NEW YORK PUBLIC SCHOOL;
   (II) ONE TEACHER WHO TEACHES IN A NEW YORK PUBLIC SCHOOL;
   (III) ONE REPRESENTATIVE OF A LOCAL SCHOOL BOARD; AND
   (IV) ONE REPRESENTATIVE OF SCHOOL SUPERINTENDENTS;
   (B) THE CHANCELLOR OF THE NEW YORK CITY DEPARTMENT OF EDUCATION OR THE
 CHANCELLOR'S DESIGNEE;
   (C)  ONE  REPRESENTATIVE  FROM  THE  STATE  EDUCATION  DEPARTMENT   AS
 APPOINTED BY THE COMMISSIONER;
   (D)  ONE REPRESENTATIVE FROM THE NEW YORK STATE POLICE AS APPOINTED BY
 THE SUPERINTENDENT OF STATE POLICE;
   (E) ONE REPRESENTATIVE FROM THE NEW YORK STATE ASSOCIATION  OF  CHIEFS
 OF  POLICE  AS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE
 ASSOCIATION OF CHIEFS OF POLICE;
   (F) ONE REPRESENTATIVE FROM THE  NEW  YORK  SHERIFFS'  ASSOCIATION  AS
 APPOINTED BY THE PRESIDENT OF THE NEW YORK SHERIFFS' ASSOCIATION;
   (G)  ONE  REPRESENTATIVE  FROM  THE NEW YORK STATE ASSOCIATION OF FIRE
 CHIEFS AS APPOINTED BY THE PRESIDENT OF THE NEW YORK  STATE  ASSOCIATION
 OF FIRE CHIEFS; AND
   (H) FOUR REPRESENTATIVES FROM THE STATE LEGISLATURE THAT SHALL INCLUDE
 ONE  MEMBER  FROM THE SENATE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE, ONE MEMBER FROM THE SENATE APPOINTED BY THE MINORITY  LEADER  OF
 THE SENATE, ONE MEMBER FROM THE ASSEMBLY APPOINTED BY THE SPEAKER OF THE
 ASSEMBLY  AND  ONE  MEMBER  FROM  THE ASSEMBLY APPOINTED BY THE MINORITY
 LEADER OF THE ASSEMBLY.
   2. THE MEMBERS OF THE ADVISORY BOARD SHALL SERVE THE FOLLOWING TERMS:
   (A) THE GUBERNATORIAL APPOINTEES SHALL SERVE TERMS OF THREE YEARS.
   (B) ALL OTHER MEMBERS SHALL SERVE TERMS OF TWO YEARS.
 A. 9630                             3
 
   3. A VACANCY ON THE ADVISORY BOARD SHALL BE FILLED IN THE SAME  MANNER
 AS THE ORIGINAL APPOINTMENT AND FOR THE BALANCE OF THE UNEXPIRED TERM.
   4.  THE  ADVISORY  BOARD  SHALL  APPOINT  A CHAIRPERSON FROM AMONG ITS
 MEMBERS FOR A ONE YEAR TERM.
   5. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
   6.  THE  ADVISORY BOARD SHALL MEET AT LEAST ANNUALLY BUT MAY MEET MORE
 FREQUENTLY SUBJECT TO THE CALL OF THE CHAIRPERSON.
   7. THE ADVISORY BOARD SHALL:
   (A) DEVELOP, ANNUALLY REVIEW, AND MODIFY, IF NECESSARY, SCHOOL  SAFETY
 AND  SECURITY  BEST  PRACTICES  AND  RESOURCES  FOR THE OFFICE TO USE IN
 CONDUCTING ITS ANNUAL ASSESSMENTS, TRAINING, AND  TECHNICAL  ASSISTANCE.
 SUCH BEST PRACTICES AND RESOURCES SHALL BE CONTAINED WITHIN A SEARCHABLE
 REPOSITORY  IN  MACHINE  READABLE  FORMAT AND POSTED ON THE DEPARTMENT'S
 PUBLIC WEBSITE;
   (B) REGULARLY ASSESS SCHOOL SAFETY AND  SECURITY  BEST  PRACTICES  AND
 RESOURCES THAT MAY BE USED IN PUBLIC EDUCATIONAL FACILITIES; AND
   (C)  ON  OR BEFORE FEBRUARY FIRST OF EACH YEAR, REPORT TO THE LEGISLA-
 TURE AND THE GOVERNOR ON THE STATUS OF SCHOOL SAFETY AND SECURITY IN NEW
 YORK PUBLIC EDUCATIONAL FACILITIES.
   § 3. Subdivision 8 of section 1367 of the racing, pari-mutuel wagering
 and breeding law, as added by section 3 of part Y of chapter 59  of  the
 laws of 2021, is amended to read as follows:
   8. Notwithstanding section thirteen hundred fifty-one of this article,
 mobile  sports  wagering  gross  gaming revenue and tax revenue shall be
 excluded from sports wagering gross  gaming  revenue  and  tax  revenue.
 Mobile  sports  wagering  tax revenue shall be separately maintained and
 returned to the state for deposit into the state lottery fund for educa-
 tion aid except as otherwise provided in this subdivision. Any  interest
 and  penalties  imposed  by  the commission relating to those taxes, all
 penalties levied and collected by the commission,  and  the  appropriate
 funds,  cash or prizes forfeited from sports wagering shall be deposited
 into the state lottery fund for education. In the first fiscal  year  in
 which  mobile  sports  wagering licensees commence operations and accept
 mobile sports wagers pursuant to this section, the commission shall  pay
 into  the commercial gaming fund one percent of the state tax imposed on
 mobile sports wagering by this section to  be  distributed  for  problem
 gambling  education  and  treatment  purposes pursuant to paragraph a of
 subdivision four of section ninety-seven-nnnn of the state finance  law;
 provided however, that such amount shall be equal to six million dollars
 for  each  fiscal  year  thereafter.  In  the first fiscal year in which
 mobile sports wagering licensees commence operations and  accept  mobile
 sports  wagers  pursuant  to  this section, the commission shall pay one
 percent of the state tax imposed  on  mobile  sports  wagering  by  this
 section  to the general fund, a program to be administered by the office
 of children and family services for a statewide youth sports  activities
 and  education  grant program for the purpose of providing annual awards
 to sports programs for underserved  youth  under  the  age  of  eighteen
 years; provided however, that such amount shall be equal to five million
 dollars  for  each  fiscal year thereafter. BEGINNING IN FISCAL YEAR TWO
 THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE, THE COMMISSION SHALL PAY
 ONE PERCENT OF STATE TAX IMPOSED  ON  MOBILE  SPORTS  WAGERING  BY  THIS
 SECTION  TO  THE  GENERAL  FUND,  FOR EXPENSES INCURRED BY THE OFFICE OF
 SCHOOL SAFETY AND SECURITY IN  THE  DEPARTMENT  OF  EDUCATION;  PROVIDED
 HOWEVER,  THAT SUCH AMOUNT SHALL NOT EXCEED THE ACTUAL COSTS INCURRED IN
 A. 9630                             4
 
 THE PERFORMANCE OF THE DUTIES OF SUCH OFFICE FOR EACH FISCAL YEAR THERE-
 AFTER. The commission shall require at least monthly deposits by a plat-
 form provider of any payments pursuant  to  subdivision  seven  of  this
 section,  at such times, under such conditions, and in such depositories
 as shall be prescribed by the state comptroller. The deposits  shall  be
 deposited to the credit of the state commercial gaming revenue fund. The
 commission  shall  require a monthly report and reconciliation statement
 to be filed with it on or before the  tenth  day  of  each  month,  with
 respect  to gross revenues and deposits received and made, respectively,
 during the preceding month.
   § 4. This act shall take effect immediately.