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STATE OF NEW YORK
June 15, 2018
Introduced by COMMITTEE ON RULES -- (at request of M. of A. DenDekker)
-- read once and referred to the Committee on Education
AN ACT authorizing the creation of a state debt in the amount of two
billion dollars, in relation to creating the comprehensive school
security bond act of 2018 for the purposes of improving the safety and
security of the populations, buildings and connected infrastructure of
public and private schools, and boards of cooperative education of
this state by funding capital projects for the costs of threat
detection and interdiction, security awareness, and communication
coordination, including services, expenses and indirect costs; and
providing for the submission to the people of a proposition or ques-
tion therefor to be voted upon at the general election to be held in
November, 2018 (Part A); and to amend the education law and the state
finance law, in relation to the implementation of the comprehensive
school security bond act of 2018 (Part B)
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 major components of legislation
2 which are necessary to implement the comprehensive school security bond
3 act of 2018. Each component is wholly contained within a Part identified
4 as Parts A and B. The effective date for each particular provision
5 contained within such Part is set forth in the last section of such
6 Part. Any provision in any section contained within a Part, including
7 the effective date of the Part, which makes a reference to a section "of
8 this act", when used in connection with that particular component, shall
9 be deemed to mean and refer to the corresponding section of the Part in
10 which it is found. Section three of this act sets forth the general
11 effective date of this act.
12 PART A
13 Section 1. The comprehensive school security bond act of 2018 is
14 enacted to read as follows:
15 COMPREHENSIVE SCHOOL SECURITY BOND ACT OF 2018
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
] is old law to be omitted.
A. 11226 2
1 Section 1. Short title.
2 2. Creation of a state debt.
3 3. Bonds of the state.
4 4. Use of moneys received.
5 Section 1. Short title. This act shall be known and may be cited as
6 the "comprehensive school security bond act of 2018".
7 § 2. Creation of a state debt. The creation of a state debt in an
8 amount not exceeding in the aggregate two billion dollars
9 ($2,000,000,000) is hereby authorized to provide moneys for the single
10 purpose of improving the safety and security of the populations, build-
11 ings and connected infrastructure of public and private schools, and
12 boards of cooperative education of this state by funding capital
13 projects for the costs of threat detection and interdiction, security
14 awareness, and communication coordination, including services, expenses
15 and indirect costs.
16 The legislature may, by appropriate legislation and subject to such
17 conditions as it may impose, make available out of the proceeds of the
18 sale of bonds authorized in this act, moneys disbursed or to be
19 disbursed for the cost of approved capital projects undertaken by, or on
20 behalf of, school boards, private and parochial schools, and boards of
21 cooperative education for such purposes.
22 § 3. Bonds of the state. The state comptroller is hereby authorized
23 and empowered to issue and sell bonds of the state up to the aggregate
24 amount of two billion dollars ($2,000,000,000) for the purposes of this
25 act, subject to the provisions of article 5 of the state finance law.
26 The aggregate principal amount of such bonds shall not exceed two
27 billion dollars ($2,000,000,000) excluding bonds issued to refund or
28 otherwise repay bonds heretofore issued for such purpose; provided,
29 however, that upon any such refunding or repayment, the total aggregate
30 principal amount of outstanding bonds may be greater than two billion
31 dollars ($2,000,000,000) only if the present value of the aggregate debt
32 service of the refunding or repayment bonds to be issued shall not
33 exceed the present value of the aggregate debt service of the bonds to
34 be refunded or repaid. The method for calculating present value shall be
35 determined by law.
36 § 4. Use of moneys received. The moneys received by the state from the
37 sale of bonds sold pursuant to this act shall be expended pursuant to
38 appropriations for capital projects related to design, planning, site
39 acquisition, demolition, construction, reconstruction, rehabilitation,
40 or acquisition and/or installation of equipment for the following types
41 of projects: capital projects related to educational security technology
42 equipment or facilities including but not limited to high capacity weap-
43 on detection scanners; 360 degree surveillance and communication; drone
44 surveillance and interdiction; ingress and egress hardening; threat
45 detection including facial recognition systems; and other high-tech
46 security features in and around school buildings and campuses.
47 § 2. This act shall take effect immediately; provided that the
48 provisions of section one of this act shall not take effect unless and
49 until this act shall have been submitted to the people at the general
50 election to be held in November, 2018 and shall have been approved by a
51 majority of all votes cast for and against it at such election. Upon
52 approval by the people, section one of this act shall take effect imme-
53 diately. The ballots to be furnished for the use of voters upon
54 submission of this act shall be in the form prescribed by the election
55 law and the proposition or question to be submitted shall be printed
56 thereon in substantially the following form, namely "The COMPREHENSIVE
A. 11226 3
1 SCHOOL SECURITY BOND ACT OF 2018, as set forth in section one of chapter
2 (here insert the chapter number) of the laws of 2018, authorizes the
3 sale of state bonds of up to two billion dollars ($2,000,000,000) to
4 provide for improving the infrastructure of cities of this state. Shall
5 the COMPREHENSIVE SCHOOL SECURITY BOND ACT OF 2018 be approved?".
6 PART B
7 Section 1. This act shall be known and may be cited as the "comprehen-
8 sive school security implementation act of 2018".
9 § 2. Section 3641 of the education law is amended by adding a new
10 subdivision 17 to read as follows:
11 17. Implementation of the comprehensive school security bond act of
12 2018. a. Definitions. The following terms, whenever used or referred to
13 in this subdivision, unless the context indicates otherwise, shall have
14 the following meanings:
15 (1) "Bonds" shall mean general obligation bonds issued pursuant to the
16 comprehensive school security bond act of 2018 in accordance with arti-
17 cle VII of the New York state constitution and article five of the state
18 finance law.
19 (2) "School security review board" shall mean a body comprised of the
20 chancellor of the state university of New York, the director of the
21 budget, the executive director of the New York state association of
22 independent schools, the executive director of the New York state school
23 boards association, and the commissioner, or their respective designees.
24 (3) "Comprehensive school security investment plan" shall mean a docu-
25 ment prepared by a school district, or private or parochial school
26 setting forth the comprehensive school security project or projects to
27 be undertaken with such district's or school's comprehensive school
28 security allocation.
29 (4) "Comprehensive school security project" shall mean a capital
30 project as set forth and defined in subparagraph five of this paragraph.
31 (5) "School safety and security technology project" shall mean a capi-
32 tal project to install security features in school buildings and on or
33 around school campuses, including, but not limited to, structural hard-
34 ening and physical access controls, video and audio surveillance, emer-
35 gency notification systems, weapons detection and interdiction systems,
36 and coordinated communication systems for enhanced school security in
37 the state.
38 (6) "Comprehensive school security allocation" shall mean the product
39 of six hundred and fifty dollars times the number of pupils enrolled in
40 a school district in the state of New York and each private and parochi-
41 al school located in the state of New York as of January fifteenth, two
42 thousand eighteen.
43 b. Comprehensive school security investment plans. (1) No later than
44 April first, two thousand nineteen, the school security review board
45 shall issue guidelines setting forth required components and eligibility
46 criteria for comprehensive school security investment plans to be
47 submitted by school districts, private and parochial schools, and boards
48 of cooperative education. Such guidelines shall include but not be
49 limited to: (i) a timeline for submission of a comprehensive school
50 security investment plan, however, submissions shall be allowed no later
51 than July first, two thousand nineteen; and (ii) any requirements for
52 the use of available state procurement options where applicable.
53 (2) No school district, private or parochial school shall be entitled
54 to a comprehensive school security investment plan grant until such
A. 11226 4
1 district shall have submitted a comprehensive school security investment
2 plan to the school security review board and received such board's
3 approval of such investment plan. In developing such investment plan,
4 school districts, private and parochial schools shall consult with
5 parents, teachers, students, community members and other stakeholders.
6 (3) The school security review board shall review all comprehensive
7 school security investment plans for compliance with all eligibility
8 criteria and other requirements set forth in the guidelines. The school
9 security review board may approve or reject such plans, or may return
10 such plans to the school district or private or parochial school for
11 modifications. Upon approval, school safety and security technology
12 project or projects described in the investment plan shall be eligible
13 for school safety and security technology project grants. However, the
14 total of all grants awarded under this subdivision for each individual
15 school district, private or parochial school, or board of cooperative
16 education shall not exceed such school district's, private or parochial
17 school's, or board's of cooperative education comprehensive school secu-
18 rity allocation. A school safety and security technology project
19 included in a school or school district's comprehensive school security
20 investment plan shall not require separate approval of the commissioner
21 unless it is part of a school construction project required to be
22 submitted for approval of the commissioner pursuant to section four
23 hundred eight of this chapter and/or subdivision six of section thirty-
24 six hundred two of this article. Any department, agency or public
25 authority shall provide the school security review board with any infor-
26 mation it requires to fulfill its duties pursuant to this subdivision.
27 (4) Any amendments or supplements to a comprehensive school security
28 investment plan shall be submitted to the schools security review board
29 for approval, and shall not take effect until such approval is granted.
30 c. Expenditure of money. (1) School safety and security technology
31 project grants. Each school, board of cooperative education or school
32 district which has an approved comprehensive school security investment
33 plan including a comprehensive school security investment plan project
34 or projects shall be entitled to a grant or grants for the school safety
35 and security technology project or projects included therein in an
36 amount, whether in the aggregate or otherwise, not to exceed the compre-
37 hensive school security allocation calculated for such school or school
38 district. The amount of such allocation not expended, disbursed or
39 encumbered for any school year shall be carried over for expenditure and
40 disbursement to the next succeeding school year. Grantees receiving
41 funding pursuant to this subdivision may expend no more than five
42 percent of grants for administration and no more than five percent of
43 grants for grantee training. Expenditures from the comprehensive school
44 security allocation shall not be eligible for aid under any other
45 provision of this chapter.
46 (2) The amounts determined pursuant to this subdivision shall be paid
47 to school districts or schools certified by the board as eligible to
48 receive such grants in accordance with this subdivision. If, upon the
49 option of a school district or private or parochial school, a comprehen-
50 sive school security investment plan directs that an amount be trans-
51 ferred or sub-allocated to a department, agency, or public authority to
52 be spent on behalf of the school district, board of cooperative educa-
53 tion or private or parochial school, such amounts shall be transferred
54 or sub-allocated, consistent with such plan, upon the approval of the
55 director of the budget. The amounts of money so certified or made
56 available shall be paid by the comptroller in accordance with appropri-
A. 11226 5
1 ations therefor; provided, however, that the payment schedule set forth
2 in section thirty-six hundred nine-a of this article shall not apply to
3 such payments. Such payment shall fulfill any obligation of the state or
4 the commissioner to apportion funds pursuant to this subdivision, and
5 whenever a school district, board of cooperative education, or private
6 or parochial school has been apportioned more money pursuant to this
7 subdivision than that to which it is entitled, the commissioner may
8 deduct such amount from the next apportionment to be made to such school
9 district, board of cooperative education, or private or parochial
11 d. Consistency with federal tax law. All actions taken pursuant to
12 this subdivision shall be reviewed for consistency with provisions of
13 the federal internal revenue code and regulations thereunder, in accord-
14 ance with procedures established in connection with the issuance of any
15 tax exempt bonds pursuant to this subdivision, to preserve the tax
16 exempt status of such bonds.
17 e. Compliance with other law. Every recipient of funds to be made
18 available pursuant to this subdivision shall comply with all applicable
19 state, federal and local laws.
20 § 3. The state finance law is amended by adding a new section 97-rrrr
21 to read as follows:
22 § 97-rrrr. Comprehensive school security bond fund. 1. There is hereby
23 established in the joint custody of the state comptroller and the
24 commissioner of taxation and finance a special fund to be known as the
25 "comprehensive school security bond fund".
26 2. The state comptroller shall deposit into the comprehensive school
27 security bond fund all moneys received by the state from the sale of
28 bonds and/or notes for uses eligible pursuant to section four of the
29 comprehensive school security bond act of 2018.
30 3. Moneys in the comprehensive school security bond fund, following
31 appropriation by the legislature and allocation by the director of the
32 budget, shall be available only for approved expenditures made from
33 appropriations from the capital projects fund for the purpose of the
34 comprehensive school security bond fund, as set forth in the comprehen-
35 sive school security bond act of 2018.
36 4. No moneys received by the state from the sale of bonds and/or notes
37 sold pursuant to the comprehensive school security bond act of 2018
38 shall be expended for any project until funds therefor have been allo-
39 cated pursuant to the provisions of this section and copies of the
40 appropriate certificates of approval filed with the chair of the senate
41 finance committee, the chair of the assembly ways and means committee
42 and the state comptroller.
43 § 4. Section 61 of the state finance law is amended by adding a new
44 subdivision 32 to read as follows:
45 COMPREHENSIVE SCHOOL SECURITY PROJECTS
46 32. Thirty years. For the payment of comprehensive school security
47 projects, including but not limited to all projects as defined in subdi-
48 vision seventeen of section thirty-six hundred forty-one of the educa-
49 tion law and undertaken pursuant to a chapter of the laws of two thou-
50 sand eighteen, enacting and constituting the comprehensive school
51 security bond act of 2018. Thirty years for structural projects and
52 physical access controls; twenty years for coordinated communication
53 systems; and eight years for video and audio surveillance systems, emer-
54 gency notification systems, and weapons detection and interdiction
55 systems. Notwithstanding the foregoing, for the purposes of calculating
56 annual debt service, the state comptroller shall apply a weighted aver-
A. 11226 6
1 age period of probable life of such comprehensive school security
2 projects, including with any other works or purposes to be financed with
3 state debt. Weighted average period of probable life shall be determined
4 by computing the sum of the products derived from multiplying the dollar
5 value of the portion of the debt contracted for each work or purpose (or
6 class of works or purposes) by the probable life of such work or purpose
7 (or class of works or purposes) and dividing the resulting sum by the
8 dollar value of the entire debt after taking into consideration any
9 original issue premium or discount.
10 § 5. If otherwise applicable, all work performed on a project author-
11 ized by this act for the benefit of a school district or board of coop-
12 erative education shall be subject to article 8 of the labor law and
13 shall be subject to the enforcement of prevailing wage requirements by
14 the department of labor.
15 § 6. If any clause, sentence, paragraph, section or part of this act
16 shall be adjudged by any court of competent jurisdiction to be invalid,
17 such judgment shall not affect, impair or invalidate the remainder ther-
18 eof, but shall be confined in its operation to the clause, sentence,
19 paragraph, section or part thereof directly involved in the controversy
20 in which such judgment shall have been rendered.
21 § 7. This act shall take effect only in the event that section 1 of
22 part A of a chapter of the laws of 2018, enacting the "comprehensive
23 school security bond act of 2018", is submitted to the people at the
24 general election to be held in November, 2018 and is approved by a
25 majority of all votes cast for and against it at such election. Upon
26 such approval, this act shall take effect immediately. Effective imme-
27 diately, the addition, amendment, and/or repeal of any rule or regu-
28 lation necessary for the implementation of the foregoing sections of
29 this act are authorized and directed to be made and completed on or
30 before such effective date.
31 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
32 sion, section or part of this act shall be adjudged by any court of
33 competent jurisdiction to be invalid, such judgment shall not affect,
34 impair, or invalidate the remainder thereof, but shall be confined in
35 its operation to the clause, sentence, paragraph, subdivision, section
36 or part thereof directly involved in the controversy in which such judg-
37 ment shall have been rendered. It is hereby declared to be the intent of
38 the legislature that this act would have been enacted even if such
39 invalid provisions had not been included herein.
40 § 3. This act shall take effect immediately; provided, however, that
41 the applicable effective date of Parts A and B of this act shall be as
42 specifically set forth in the last section of such Parts.