STATE OF NEW YORK ________________________________________________________________________ 8984--A IN SENATE June 11, 2018 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT authorizing the creation of a state debt in the amount of one billion seven hundred fifty million 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 indi- rect costs; and providing for the submission to the people of a propo- sition or question 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16252-02-8S. 8984--A 2 1 Section 1. The comprehensive school security bond act of 2018 is 2 enacted to read as follows: 3 COMPREHENSIVE SCHOOL SECURITY BOND ACT OF 2018 4 Section 1. Short title. 5 2. Creation of a state debt. 6 3. Bonds of the state. 7 4. Use of moneys received. 8 Section 1. Short title. This act shall be known and may be cited as 9 the "comprehensive school security bond act of 2018". 10 § 2. Creation of a state debt. The creation of a state debt in an 11 amount not exceeding in the aggregate one billion seven hundred fifty 12 million dollars ($1,750,000,000) is hereby authorized to provide moneys 13 for the single purpose of improving the safety and security of the popu- 14 lations, buildings and connected infrastructure of public and private 15 schools, and boards of cooperative education of this state by funding 16 capital projects for the costs of threat detection and interdiction, 17 security awareness, and communication coordination, including services, 18 expenses and indirect costs. 19 The legislature may, by appropriate legislation and subject to such 20 conditions as it may impose, make available out of the proceeds of the 21 sale of bonds authorized in this act, moneys disbursed or to be 22 disbursed for the cost of approved capital projects undertaken by, or on 23 behalf of, school boards, private and parochial schools, and boards of 24 cooperative education for such purposes. 25 § 3. Bonds of the state. The state comptroller is hereby authorized 26 and empowered to issue and sell bonds of the state up to the aggregate 27 amount of one billion seven hundred fifty million dollars 28 ($1,750,000,000) for the purposes of this act, subject to the provisions 29 of article 5 of the state finance law. The aggregate principal amount of 30 such bonds shall not exceed one billion seven hundred fifty million 31 dollars ($1,750,000,000) excluding bonds issued to refund or otherwise 32 repay bonds heretofore issued for such purpose; provided, however, that 33 upon any such refunding or repayment, the total aggregate principal 34 amount of outstanding bonds may be greater than one billion seven 35 hundred fifty million dollars ($1,750,000,000) only if the present value 36 of the aggregate debt service of the refunding or repayment bonds to be 37 issued shall not exceed the present value of the aggregate debt service 38 of the bonds to be refunded or repaid. The method for calculating pres- 39 ent value shall be determined by law. 40 § 4. Use of moneys received. The moneys received by the state from the 41 sale of bonds sold pursuant to this act shall be expended pursuant to 42 appropriations for capital projects related to design, planning, site 43 acquisition, demolition, construction, reconstruction, rehabilitation, 44 or acquisition and/or installation of equipment for the following types 45 of projects: capital projects related to educational security technology 46 equipment or facilities including but not limited to high capacity weap- 47 on detection scanners; 360 degree surveillance and communication; drone 48 surveillance and interdiction; ingress and egress hardening; threat 49 detection including facial recognition systems; and other high-tech 50 security features in and around school buildings and campuses. 51 § 2. This act shall take effect immediately; provided that the 52 provisions of section one of this act shall not take effect unless and 53 until this act shall have been submitted to the people at the general 54 election to be held in November, 2018 and shall have been approved by a 55 majority of all votes cast for and against it at such election. Upon 56 approval by the people, section one of this act shall take effect imme-S. 8984--A 3 1 diately. The ballots to be furnished for the use of voters upon 2 submission of this act shall be in the form prescribed by the election 3 law and the proposition or question to be submitted shall be printed 4 thereon in substantially the following form, namely "The COMPREHENSIVE 5 SCHOOL SECURITY BOND ACT OF 2018, as set forth in section one of chapter 6 (here insert the chapter number) of the laws of 2018, authorizes the 7 sale of state bonds of up to one billion seven hundred fifty million 8 dollars ($1,750,000,000) to provide for improving the infrastructure of 9 cities of this state. Shall the COMPREHENSIVE SCHOOL SECURITY BOND ACT 10 OF 2018 be approved?". 11 PART B 12 Section 1. This act shall be known and may be cited as the "comprehen- 13 sive school security implementation act of 2018". 14 § 2. Section 3641 of the education law is amended by adding a new 15 subdivision 17 to read as follows: 16 17. Implementation of the comprehensive school security bond act of 17 2018. a. Definitions. The following terms, whenever used or referred to 18 in this subdivision, unless the context indicates otherwise, shall have 19 the following meanings: 20 (1) "Bonds" shall mean general obligation bonds issued pursuant to the 21 comprehensive school security bond act of 2018 in accordance with arti- 22 cle VII of the New York state constitution and article five of the state 23 finance law. 24 (2) "School security review board" shall mean a body comprised of the 25 chancellor of the state university of New York, the director of the 26 budget, the executive director of the New York state association of 27 independent schools, the executive director of the New York state school 28 boards association, and the commissioner, or their respective designees. 29 (3) "Comprehensive school security investment plan" shall mean a docu- 30 ment prepared by a school district, or private or parochial school 31 setting forth the comprehensive school security project or projects to 32 be undertaken with such district's or school's comprehensive school 33 security allocation. 34 (4) "Comprehensive school security project" shall mean a capital 35 project as set forth and defined in subparagraph five of this paragraph. 36 (5) "School safety and security technology project" shall mean a capi- 37 tal project to install security features in school buildings and on or 38 around school campuses, including, but not limited to, structural hard- 39 ening and physical access controls, video and audio surveillance, emer- 40 gency notification systems, weapons detection and interdiction systems, 41 and coordinated communication systems for enhanced school security in 42 the state. 43 (6) "Comprehensive school security allocation" shall mean the product 44 of six hundred and fifty dollars times the number of pupils enrolled in 45 a school district in the state of New York and each private and parochi- 46 al school located in the state of New York as of January fifteenth, two 47 thousand eighteen. 48 b. Comprehensive school security investment plans. (1) No later than 49 April first, two thousand nineteen, the school security review board 50 shall issue guidelines setting forth required components and eligibility 51 criteria for comprehensive school security investment plans to be 52 submitted by school districts, private and parochial schools, and boards 53 of cooperative education. Such guidelines shall include but not be 54 limited to: (i) a timeline for submission of a comprehensive schoolS. 8984--A 4 1 security investment plan, however, submissions shall be allowed no later 2 than July first, two thousand nineteen; and (ii) any requirements for 3 the use of available state procurement options where applicable. 4 (2) No school district, private or parochial school shall be entitled 5 to a comprehensive school security investment plan grant until such 6 district shall have submitted a comprehensive school security investment 7 plan to the school security review board and received such board's 8 approval of such investment plan. In developing such investment plan, 9 school districts, private and parochial schools shall consult with 10 parents, teachers, students, community members and other stakeholders. 11 (3) The school security review board shall review all comprehensive 12 school security investment plans for compliance with all eligibility 13 criteria and other requirements set forth in the guidelines. The school 14 security review board may approve or reject such plans, or may return 15 such plans to the school district or private or parochial school for 16 modifications. Upon approval, school safety and security technology 17 project or projects described in the investment plan shall be eligible 18 for school safety and security technology project grants. However, the 19 total of all grants awarded under this subdivision for each individual 20 school district, private or parochial school, or board of cooperative 21 education shall not exceed such school district's, private or parochial 22 school's, or board's of cooperative education comprehensive school secu- 23 rity allocation. A school safety and security technology project 24 included in a school or school district's comprehensive school security 25 investment plan shall not require separate approval of the commissioner 26 unless it is part of a school construction project required to be 27 submitted for approval of the commissioner pursuant to section four 28 hundred eight of this chapter and/or subdivision six of section thirty- 29 six hundred two of this article. Any department, agency or public 30 authority shall provide the school security review board with any infor- 31 mation it requires to fulfill its duties pursuant to this subdivision. 32 (4) Any amendments or supplements to a comprehensive school security 33 investment plan shall be submitted to the schools security review board 34 for approval, and shall not take effect until such approval is granted. 35 c. Expenditure of money. (1) School safety and security technology 36 project grants. Each school, board of cooperative education or school 37 district which has an approved comprehensive school security investment 38 plan including a comprehensive school security investment plan project 39 or projects shall be entitled to a grant or grants for the school safety 40 and security technology project or projects included therein in an 41 amount, whether in the aggregate or otherwise, not to exceed the compre- 42 hensive school security allocation calculated for such school or school 43 district. The amount of such allocation not expended, disbursed or 44 encumbered for any school year shall be carried over for expenditure and 45 disbursement to the next succeeding school year. Grantees receiving 46 funding pursuant to this subdivision may expend no more than five 47 percent of grants for administration and no more than five percent of 48 grants for grantee training. Expenditures from the comprehensive school 49 security allocation shall not be eligible for aid under any other 50 provision of this chapter. 51 (2) The amounts determined pursuant to this subdivision shall be paid 52 to school districts or schools certified by the board as eligible to 53 receive such grants in accordance with this subdivision. If, upon the 54 option of a school district or private or parochial school, a comprehen- 55 sive school security investment plan directs that an amount be trans- 56 ferred or sub-allocated to a department, agency, or public authority toS. 8984--A 5 1 be spent on behalf of the school district, board of cooperative educa- 2 tion or private or parochial school, such amounts shall be transferred 3 or sub-allocated, consistent with such plan, upon the approval of the 4 director of the budget. The amounts of money so certified or made 5 available shall be paid by the comptroller in accordance with appropri- 6 ations therefor; provided, however, that the payment schedule set forth 7 in section thirty-six hundred nine-a of this article shall not apply to 8 such payments. Such payment shall fulfill any obligation of the state or 9 the commissioner to apportion funds pursuant to this subdivision, and 10 whenever a school district, board of cooperative education, or private 11 or parochial school has been apportioned more money pursuant to this 12 subdivision than that to which it is entitled, the commissioner may 13 deduct such amount from the next apportionment to be made to such school 14 district, board of cooperative education, or private or parochial 15 school. 16 d. Consistency with federal tax law. All actions taken pursuant to 17 this subdivision shall be reviewed for consistency with provisions of 18 the federal internal revenue code and regulations thereunder, in accord- 19 ance with procedures established in connection with the issuance of any 20 tax exempt bonds pursuant to this subdivision, to preserve the tax 21 exempt status of such bonds. 22 e. Compliance with other law. Every recipient of funds to be made 23 available pursuant to this subdivision shall comply with all applicable 24 state, federal and local laws. 25 § 3. The state finance law is amended by adding a new section 97-rrrr 26 to read as follows: 27 § 97-rrrr. Comprehensive school security bond fund. 1. There is hereby 28 established in the joint custody of the state comptroller and the 29 commissioner of taxation and finance a special fund to be known as the 30 "comprehensive school security bond fund". 31 2. The state comptroller shall deposit into the comprehensive school 32 security bond fund all moneys received by the state from the sale of 33 bonds and/or notes for uses eligible pursuant to section four of the 34 comprehensive school security bond act of 2018. 35 3. Moneys in the comprehensive school security bond fund, following 36 appropriation by the legislature and allocation by the director of the 37 budget, shall be available only for approved expenditures made from 38 appropriations from the capital projects fund for the purpose of the 39 comprehensive school security bond fund, as set forth in the comprehen- 40 sive school security bond act of 2018. 41 4. No moneys received by the state from the sale of bonds and/or notes 42 sold pursuant to the comprehensive school security bond act of 2018 43 shall be expended for any project until funds therefor have been allo- 44 cated pursuant to the provisions of this section and copies of the 45 appropriate certificates of approval filed with the chair of the senate 46 finance committee, the chair of the assembly ways and means committee 47 and the state comptroller. 48 § 4. Section 61 of the state finance law is amended by adding a new 49 subdivision 32 to read as follows: 50 COMPREHENSIVE SCHOOL SECURITY PROJECTS 51 32. Thirty years. For the payment of comprehensive school security 52 projects, including but not limited to all projects as defined in subdi- 53 vision seventeen of section thirty-six hundred forty-one of the educa- 54 tion law and undertaken pursuant to a chapter of the laws of two thou- 55 sand eighteen, enacting and constituting the comprehensive school 56 security bond act of 2018. Thirty years for structural projects andS. 8984--A 6 1 physical access controls; twenty years for coordinated communication 2 systems; and eight years for video and audio surveillance systems, emer- 3 gency notification systems, and weapons detection and interdiction 4 systems. Notwithstanding the foregoing, for the purposes of calculating 5 annual debt service, the state comptroller shall apply a weighted aver- 6 age period of probable life of such comprehensive school security 7 projects, including with any other works or purposes to be financed with 8 state debt. Weighted average period of probable life shall be determined 9 by computing the sum of the products derived from multiplying the dollar 10 value of the portion of the debt contracted for each work or purpose (or 11 class of works or purposes) by the probable life of such work or purpose 12 (or class of works or purposes) and dividing the resulting sum by the 13 dollar value of the entire debt after taking into consideration any 14 original issue premium or discount. 15 § 5. If otherwise applicable, all work performed on a project author- 16 ized by this act for the benefit of a school district or board of coop- 17 erative education shall be subject to article 8 of the labor law and 18 shall be subject to the enforcement of prevailing wage requirements by 19 the department of labor. 20 § 6. If any clause, sentence, paragraph, section or part of this act 21 shall be adjudged by any court of competent jurisdiction to be invalid, 22 such judgment shall not affect, impair or invalidate the remainder ther- 23 eof, but shall be confined in its operation to the clause, sentence, 24 paragraph, section or part thereof directly involved in the controversy 25 in which such judgment shall have been rendered. 26 § 7. This act shall take effect only in the event that section 1 of 27 part A of a chapter of the laws of 2018, enacting the "comprehensive 28 school security bond act of 2018", is submitted to the people at the 29 general election to be held in November, 2018 and is approved by a 30 majority of all votes cast for and against it at such election. Upon 31 such approval, this act shall take effect immediately. Effective imme- 32 diately, the addition, amendment, and/or repeal of any rule or regu- 33 lation necessary for the implementation of the foregoing sections of 34 this act are authorized and directed to be made and completed on or 35 before such effective date. 36 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 37 sion, section or part of this act shall be adjudged by any court of 38 competent jurisdiction to be invalid, such judgment shall not affect, 39 impair, or invalidate the remainder thereof, but shall be confined in 40 its operation to the clause, sentence, paragraph, subdivision, section 41 or part thereof directly involved in the controversy in which such judg- 42 ment shall have been rendered. It is hereby declared to be the intent of 43 the legislature that this act would have been enacted even if such 44 invalid provisions had not been included herein. 45 § 3. This act shall take effect immediately; provided, however, that 46 the applicable effective date of Parts A and B of this act shall be as 47 specifically set forth in the last section of such Parts.