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Legicrawler :: New York AB11226
NYAB11226
By DenDekker | Relates 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 therefor.
Status: 06/15/2018 : referred to education

New York Legislation provided by Legicrawler © 2017


A11226 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11226
 
                   IN ASSEMBLY
 
                                      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.
                                                                   LBD16252-01-8

        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
    10  school.
    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.
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