Bill Text: NY A11226 | 2017-2018 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-15 - referred to education [A11226 Detail]
Download: New_York-2017-A11226-Introduced.html
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. LBD16252-01-8A. 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 COMPREHENSIVEA. 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 suchA. 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.
