S3638 —

S3638 FISCAL ESTIMATE   LEGISLATIVE FISCAL ESTIMATE SENATE, No.

3638 STATE OF NEW JERSEY 218th LEGISLATURE   INTRODUCEDDATED: MAY 13, 2019     Sponsored by:

Senator JUNE JOSEPH17, P.2019     SUMMARY   Synopsis:

CRYANEstablishes District"New 20Jersey (Union)Nonprofit Senator Security LINDAGrant R.Program." Type of Impact:

GREENSTEINState DistrictExpenditure 14increase, (MercerGeneral andFund. Middlesex)         SYNOPSIS      Establishes the “New Jersey Nonprofit Security Grant Program.”   CURRENT VERSION OF TEXT      As introduced.

 Agencies AnAffected: Act establishing the “New Jersey Nonprofit Security Grant Program” and supplementing chapter 9 of Appendix A.

 Department     of BeLaw It Enacted by the Senate and GeneralPublic AssemblySafety, Office of theHomeland StateSecurity ofand NewPreparedness. Jersey:

      Office 1.   of Legislative Services Estimate Fiscal Impact Year 1  Year 2  Year 3    State Cost Indeterminate Annual Increase         ·         The LegislatureOffice of Legislative Services (OLS) finds the cost of this legislation to be indeterminate.  While the bill requires the Office of Homeland Security and declares:Preparedness (OHSP) to annually request an appropriation of at least $1 million to fund and administer the program, it is uncertain how many eligible nonprofit organizations will apply for funding and demonstrate legitimate security needs.

      a.    ·         The threeOLS yearnotes "Newthe bill would make permanent the New Jersey Nonprofit Security Grant PilotProgram, Program"a establishedthree-year underpilot P.L.2017,program c.246established in the OfficeOHSP ofin Homeland2017. Security and Preparedness (OHSP) shall expire January 2020;

      b.   ·         InThe thesebill volatilerequires times, the needOHSP to remainprovide vigilantto concerningeligible domesticnonprofit organizations maximum grants of up to $10,000 to hire permanent or temporary security personnel and Stateup andto local$50,000 preparednessto remainsacquire target hardening equipment for the purpose of imminentpreparing importance;against threats, attacks, or other violent acts.  Five percent of the appropriated funds are to be allocated to the OHSP for administration of the grant program.  The OLS notes these provisions are consistent with requirements in the current three-year pilot program.

      c.      CertainBILL nonprofitDESCRIPTION organizations  continue      toThe bebill atmakes highpermanent riskthe for"New threats,Jersey attacks,Nonprofit andSecurity otherGrant violentProgram," acts,a andthree-year wouldpilot continueprogram tothat benefitwas fromestablished engaging in targetthe hardeningOHSP activitiespursuant to reduceP.L.2017, vulnerability;c.246 and is set to expire in January 2020.

          d.   The Federalbill grantrequires moneythe distributedOHSP throughto theprovide Unitedto Stateseligible Departmentnonprofit oforganizations Homelandmaximum Security’sgrants Nonprofitof Securityup Grantto Program$10,000 providesto thesehire organizationspermanent withor atemporary competitivesecurity processpersonnel toand secureup fundsto for$50,000 certainto acquire target hardening activities,equipment butfor (1)the suchpurpose federalof fundspreparing toagainst Newthreats, Jerseyattacks, institutionsor areother limitedviolent basedacts. on national competition;

andSecurity (2)personnel under the federalbill programincludes doesfederal, notState, allowcounty, recipientsand municipal law enforcement officers, special law enforcement officers, and licensed security officers.  Applicants are permitted to useapply for either personnel or equipment grants, or both, in each year of the fundspilot forprogram, but the expansionOHSP ofmay existingonly securityaward funds for either personnel or theequipment.  hiringPreference ofwill temporarybe given to applicants who have not received either a federal or State security personnel;grant in the last two grant cycles.

          e.    In Withaddition, the threatbill potentialrequires increasingthe duringOHSP specificto timesannually request an appropriation of yearat orleast when$1 highmillion profileto eventsfund areand occurring,administer certainthe nonprofitprogram.  organizationsFive wouldpercent benefitof fromthe additionalappropriated fundingfunds are to ensurebe securityallocated personnelto isthe adequateOHSP tofor meetadministration of the increasedgrant need;program.

      f.      BecauseFISCAL threats,ANALYSIS attacks,  andEXECUTIVE otherBRANCH violent  acts      areNone notreceived. limited to public sector entities, it is appropriate for the State to assist certain targeted nonprofit organizations in the private sector to ensure their readiness and the safety of their surrounding communities;

and      OFFICE g.   OF Accordingly,LEGISLATIVE itSERVICES is  within      theThe publicOLS interestfinds to make the “Newcost Jerseyof Nonprofitthis Securitylegislation Grantto Program"be inindeterminate.  While the Officebill ofrequires Homelandthe SecurityOHSP and Preparedness permanent to continueannually torequest providean grantsappropriation toof eligibleat nonprofitleast organizations$1 million to hirefund permanentand oradminister temporarythe securityprogram, personnelit andis acquisitionuncertain ofhow targetmany hardeningeligible equipmentnonprofit fororganizations thewill purposeapply offor preparednessfunding and reductiondemonstrate oflegitimate vulnerability.security needs.

              2.   The Asbill usedrequires infive thispercent act:of the program’s appropriation to be allocated to the OHSP for administration.

      “Director”  means  theSection: Director of the Office of Homeland Security and Preparedness.

    Law “Eligibleand nonprofitPublic organization”Safety meansAnalyst: a nonprofit organization located in New Jersey which is exempt from federal taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code (26 U.S.C.

s.Kristin Brunner Santos Senior Fiscal Analyst Approved:

501Frank (c)(3)).W.

Haines III Legislative Budget and Finance Officer         3.   This a.legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 There  isThis herebyfiscal establishedestimate thehas “Newbeen Jerseyprepared Nonprofit Security Grant Program” in the Office of Homeland Security and Preparedness, which shall provide grants to eligible nonprofit organizations as annually appropriated (1) to hire permanent or temporary security personnel limited to federal, State, county, or municipal law enforcement officers, special law enforcement officers appointed pursuant to P.L.1985,P.L.1980, c.439c.67 (C.40A:14-146.8(C.52:13B-6 et seq.),seq.). or security officers registered pursuant to P.L.2004, c.134 (C.45:19A-1 et seq.), and (2) for acquisition of target hardening equipment for the purpose of preparedness against threats, attacks, and other violent acts.

     b.    The director shall administer the New Jersey Nonprofit Security Grant Program.

There shall annually be distributed to approved eligible nonprofit organizations a maximum grant of up to $10,000 per approved application for personnel and a maximum grant of up to $50,000 for target hardening equipment.

     c.     An eligible nonprofit organization shall apply to the Office of Homeland Security and Preparedness to receive a grant under the program, for either costs of security personnel or acquisition of target hardening equipment, or both;

however, an applicant only may be awarded funds for either personnel or for equipment in a fiscal year.

The Office of Homeland Security and Preparedness first shall evaluate all applications as to whether they are at high risk of terrorist attack.

The costs of hiring security personnel shall include the cost of hiring personnel for an event primarily organized by the applicant away from the applicant’s physical location and for which the applicant bears legal liability.

     Applicants may apply annually for a disbursement of funds for costs of security personnel and may be awarded grants in successive years.

     Applicants may apply annually for grant funds for acquisition of target hardening equipment.

The Office of Homeland Security and Preparedness shall assign a preference for applicants who have not received either a federal or State security grant in the last two grant cycles.

      d.   The Office of Homeland Security and Preparedness shall request annually as part of its annual budget proposal a minimum of $1,000,000 to fund the grants authorized pursuant to this section.  The office also shall pursue and develop, with the Department of Law and Public Safety, the United States Department of Homeland Security, and any other applicable State or federal agency, any available federal, State, local, and private funding for the grants authorized pursuant to this section.

     e.     Of the amount appropriated to the program, five percent shall be allocated to the Office of Homeland Security and Preparedness to be used to administer the program.

     4.    This act shall take effect immediately.

    STATEMENT         The bill makes permanent the "New Jersey Nonprofit Security Grant Program" in the Office of Homeland Security and Preparedness (OHSP) which pursuant to P.L.2017, c.246 is to expire in January 2020.

      The bill provides that the security grant program is directed to provide grants out of any annually appropriated funds to eligible nonprofit organizations (1) to hire certain permanent or temporary security and (2) for acquisition of certain target hardening equipment.

      The bill awards grants of up to $10,000 for nonprofit organizations to hire permanent or temporary security personnel for the purpose of preparing against threats, attacks or other violent acts.  Security personnel under the bill includes federal, State, county, and municipal law enforcement officers, special law enforcement officers, and licensed security officers.        In addition, bill awards grants of up to $50,000 for nonprofit organizations to acquire target hardening equipment.        The bill defines an “eligible nonprofit organization” as a nonprofit organization located in this State which is exempt from federal taxation pursuant to federal law.

      Applicants for grants from the program are permitted to apply for either personnel or equipment grants, or both, in each year of the program, but OHSP may only award funds for either personnel or equipment in a fiscal year.  The grant may be used by the applicant to hire security personnel for an event primarily organized by the applicant away from the applicant’s physical location and for which the applicant bears legal liability.  To receive a grant, the applicant is required to be at high risk for a terrorist attack.

      The OHSP is to assign a preference for applicants who have not received either a federal or state security grant in the last two grant cycles.