[ ] is old law to be omitted.
LBD16252-01-8
A. 11226 2
Section 1. Short title.
2. Creation of a state debt.
3. Bonds of the state.
4. Use of moneys received.
Section 1. Short title. This act shall be known and may be cited as
the "comprehensive school security bond act of 2018".
§ 2. Creation of a state debt. The creation of a state debt in an
amount not exceeding in the aggregate two billion dollars
($2,000,000,000) is hereby authorized to provide moneys for the single
purpose of improving the safety and security of the populations, build-
ings 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.
The legislature may, by appropriate legislation and subject to such
conditions as it may impose, make available out of the proceeds of the
sale of bonds authorized in this act, moneys disbursed or to be
disbursed for the cost of approved capital projects undertaken by, or on
behalf of, school boards, private and parochial schools, and boards of
cooperative education for such purposes.
§ 3. Bonds of the state. The state comptroller is hereby authorized
and empowered to issue and sell bonds of the state up to the aggregate
amount of two billion dollars ($2,000,000,000) for the purposes of this
act, subject to the provisions of article 5 of the state finance law.
The aggregate principal amount of such bonds shall not exceed two
billion dollars ($2,000,000,000) excluding bonds issued to refund or
otherwise repay bonds heretofore issued for such purpose; provided,
however, that upon any such refunding or repayment, the total aggregate
principal amount of outstanding bonds may be greater than two billion
dollars ($2,000,000,000) only if the present value of the aggregate debt
service of the refunding or repayment bonds to be issued shall not
exceed the present value of the aggregate debt service of the bonds to
be refunded or repaid. The method for calculating present value shall be
determined by law.
§ 4. Use of moneys received. The moneys received by the state from the
sale of bonds sold pursuant to this act shall be expended pursuant to
appropriations for capital projects related to design, planning, site
acquisition, demolition, construction, reconstruction, rehabilitation,
or acquisition and/or installation of equipment for the following types
of projects: capital projects related to educational security technology
equipment or facilities including but not limited to high capacity weap-
on detection scanners; 360 degree surveillance and communication; drone
surveillance and interdiction; ingress and egress hardening; threat
detection including facial recognition systems; and other high-tech
security features in and around school buildings and campuses.
§ 2. This act shall take effect immediately; provided that the
provisions of section one of this act shall not take effect unless and
until this act shall have been submitted to the people at the general
election to be held in November, 2018 and shall have been approved by a
majority of all votes cast for and against it at such election. Upon
approval by the people, section one of this act shall take effect imme-
diately. The ballots to be furnished for the use of voters upon
submission of this act shall be in the form prescribed by the election
law and the proposition or question to be submitted shall be printed
thereon in substantially the following form, namely "The COMPREHENSIVE
A. 11226 3
SCHOOL SECURITY BOND ACT OF 2018, as set forth in section one of chapter
(here insert the chapter number) of the laws of 2018, authorizes the
sale of state bonds of up to two billion dollars ($2,000,000,000) to
provide for improving the infrastructure of cities of this state. Shall
the COMPREHENSIVE SCHOOL SECURITY BOND ACT OF 2018 be approved?".
PART B
Section 1. This act shall be known and may be cited as the "comprehen-
sive school security implementation act of 2018".
§ 2. Section 3641 of the education law is amended by adding a new
subdivision 17 to read as follows:
17. IMPLEMENTATION OF THE COMPREHENSIVE SCHOOL SECURITY BOND ACT OF
2018. A. DEFINITIONS. THE FOLLOWING TERMS, WHENEVER USED OR REFERRED TO
IN THIS SUBDIVISION, UNLESS THE CONTEXT INDICATES OTHERWISE, SHALL HAVE
THE FOLLOWING MEANINGS:
(1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
COMPREHENSIVE SCHOOL SECURITY BOND ACT OF 2018 IN ACCORDANCE WITH ARTI-
CLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE
FINANCE LAW.
(2) "SCHOOL SECURITY REVIEW BOARD" SHALL MEAN A BODY COMPRISED OF THE
CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE DIRECTOR OF THE
BUDGET, THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE ASSOCIATION OF
INDEPENDENT SCHOOLS, THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE SCHOOL
BOARDS ASSOCIATION, AND THE COMMISSIONER, OR THEIR RESPECTIVE DESIGNEES.
(3) "COMPREHENSIVE SCHOOL SECURITY INVESTMENT PLAN" SHALL MEAN A DOCU-
MENT PREPARED BY A SCHOOL DISTRICT, OR PRIVATE OR PAROCHIAL SCHOOL
SETTING FORTH THE COMPREHENSIVE SCHOOL SECURITY PROJECT OR PROJECTS TO
BE UNDERTAKEN WITH SUCH DISTRICT'S OR SCHOOL'S COMPREHENSIVE SCHOOL
SECURITY ALLOCATION.
(4) "COMPREHENSIVE SCHOOL SECURITY PROJECT" SHALL MEAN A CAPITAL
PROJECT AS SET FORTH AND DEFINED IN SUBPARAGRAPH FIVE OF THIS PARAGRAPH.
(5) "SCHOOL SAFETY AND SECURITY TECHNOLOGY PROJECT" SHALL MEAN A CAPI-
TAL PROJECT TO INSTALL SECURITY FEATURES IN SCHOOL BUILDINGS AND ON OR
AROUND SCHOOL CAMPUSES, INCLUDING, BUT NOT LIMITED TO, STRUCTURAL HARD-
ENING AND PHYSICAL ACCESS CONTROLS, VIDEO AND AUDIO SURVEILLANCE, EMER-
GENCY NOTIFICATION SYSTEMS, WEAPONS DETECTION AND INTERDICTION SYSTEMS,
AND COORDINATED COMMUNICATION SYSTEMS FOR ENHANCED SCHOOL SECURITY IN
THE STATE.
(6) "COMPREHENSIVE SCHOOL SECURITY ALLOCATION" SHALL MEAN THE PRODUCT
OF SIX HUNDRED AND FIFTY DOLLARS TIMES THE NUMBER OF PUPILS ENROLLED IN
A SCHOOL DISTRICT IN THE STATE OF NEW YORK AND EACH PRIVATE AND PAROCHI-
AL SCHOOL LOCATED IN THE STATE OF NEW YORK AS OF JANUARY FIFTEENTH, TWO
THOUSAND EIGHTEEN.
B. COMPREHENSIVE SCHOOL SECURITY INVESTMENT PLANS. (1) NO LATER THAN
APRIL FIRST, TWO THOUSAND NINETEEN, THE SCHOOL SECURITY REVIEW BOARD
SHALL ISSUE GUIDELINES SETTING FORTH REQUIRED COMPONENTS AND ELIGIBILITY
CRITERIA FOR COMPREHENSIVE SCHOOL SECURITY INVESTMENT PLANS TO BE
SUBMITTED BY SCHOOL DISTRICTS, PRIVATE AND PAROCHIAL SCHOOLS, AND BOARDS
OF COOPERATIVE EDUCATION. SUCH GUIDELINES SHALL INCLUDE BUT NOT BE
LIMITED TO: (I) A TIMELINE FOR SUBMISSION OF A COMPREHENSIVE SCHOOL
SECURITY INVESTMENT PLAN, HOWEVER, SUBMISSIONS SHALL BE ALLOWED NO LATER
THAN JULY FIRST, TWO THOUSAND NINETEEN; AND (II) ANY REQUIREMENTS FOR
THE USE OF AVAILABLE STATE PROCUREMENT OPTIONS WHERE APPLICABLE.
(2) NO SCHOOL DISTRICT, PRIVATE OR PAROCHIAL SCHOOL SHALL BE ENTITLED
TO A COMPREHENSIVE SCHOOL SECURITY INVESTMENT PLAN GRANT UNTIL SUCH
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DISTRICT SHALL HAVE SUBMITTED A COMPREHENSIVE SCHOOL SECURITY INVESTMENT
PLAN TO THE SCHOOL SECURITY REVIEW BOARD AND RECEIVED SUCH BOARD'S
APPROVAL OF SUCH INVESTMENT PLAN. IN DEVELOPING SUCH INVESTMENT PLAN,
SCHOOL DISTRICTS, PRIVATE AND PAROCHIAL SCHOOLS SHALL CONSULT WITH
PARENTS, TEACHERS, STUDENTS, COMMUNITY MEMBERS AND OTHER STAKEHOLDERS.
(3) THE SCHOOL SECURITY REVIEW BOARD SHALL REVIEW ALL COMPREHENSIVE
SCHOOL SECURITY INVESTMENT PLANS FOR COMPLIANCE WITH ALL ELIGIBILITY
CRITERIA AND OTHER REQUIREMENTS SET FORTH IN THE GUIDELINES. THE SCHOOL
SECURITY REVIEW BOARD MAY APPROVE OR REJECT SUCH PLANS, OR MAY RETURN
SUCH PLANS TO THE SCHOOL DISTRICT OR PRIVATE OR PAROCHIAL SCHOOL FOR
MODIFICATIONS. UPON APPROVAL, SCHOOL SAFETY AND SECURITY TECHNOLOGY
PROJECT OR PROJECTS DESCRIBED IN THE INVESTMENT PLAN SHALL BE ELIGIBLE
FOR SCHOOL SAFETY AND SECURITY TECHNOLOGY PROJECT GRANTS. HOWEVER, THE
TOTAL OF ALL GRANTS AWARDED UNDER THIS SUBDIVISION FOR EACH INDIVIDUAL
SCHOOL DISTRICT, PRIVATE OR PAROCHIAL SCHOOL, OR BOARD OF COOPERATIVE
EDUCATION SHALL NOT EXCEED SUCH SCHOOL DISTRICT'S, PRIVATE OR PAROCHIAL
SCHOOL'S, OR BOARD'S OF COOPERATIVE EDUCATION COMPREHENSIVE SCHOOL SECU-
RITY ALLOCATION. A SCHOOL SAFETY AND SECURITY TECHNOLOGY PROJECT
INCLUDED IN A SCHOOL OR SCHOOL DISTRICT'S COMPREHENSIVE SCHOOL SECURITY
INVESTMENT PLAN SHALL NOT REQUIRE SEPARATE APPROVAL OF THE COMMISSIONER
UNLESS IT IS PART OF A SCHOOL CONSTRUCTION PROJECT REQUIRED TO BE
SUBMITTED FOR APPROVAL OF THE COMMISSIONER PURSUANT TO SECTION FOUR
HUNDRED EIGHT OF THIS CHAPTER AND/OR SUBDIVISION SIX OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS ARTICLE. ANY DEPARTMENT, AGENCY OR PUBLIC
AUTHORITY SHALL PROVIDE THE SCHOOL SECURITY REVIEW BOARD WITH ANY INFOR-
MATION IT REQUIRES TO FULFILL ITS DUTIES PURSUANT TO THIS SUBDIVISION.
(4) ANY AMENDMENTS OR SUPPLEMENTS TO A COMPREHENSIVE SCHOOL SECURITY
INVESTMENT PLAN SHALL BE SUBMITTED TO THE SCHOOLS SECURITY REVIEW BOARD
FOR APPROVAL, AND SHALL NOT TAKE EFFECT UNTIL SUCH APPROVAL IS GRANTED.
C. EXPENDITURE OF MONEY. (1) SCHOOL SAFETY AND SECURITY TECHNOLOGY
PROJECT GRANTS. EACH SCHOOL, BOARD OF COOPERATIVE EDUCATION OR SCHOOL
DISTRICT WHICH HAS AN APPROVED COMPREHENSIVE SCHOOL SECURITY INVESTMENT
PLAN INCLUDING A COMPREHENSIVE SCHOOL SECURITY INVESTMENT PLAN PROJECT
OR PROJECTS SHALL BE ENTITLED TO A GRANT OR GRANTS FOR THE SCHOOL SAFETY
AND SECURITY TECHNOLOGY PROJECT OR PROJECTS INCLUDED THEREIN IN AN
AMOUNT, WHETHER IN THE AGGREGATE OR OTHERWISE, NOT TO EXCEED THE COMPRE-
HENSIVE SCHOOL SECURITY ALLOCATION CALCULATED FOR SUCH SCHOOL OR SCHOOL
DISTRICT. THE AMOUNT OF SUCH ALLOCATION NOT EXPENDED, DISBURSED OR
ENCUMBERED FOR ANY SCHOOL YEAR SHALL BE CARRIED OVER FOR EXPENDITURE AND
DISBURSEMENT TO THE NEXT SUCCEEDING SCHOOL YEAR. GRANTEES RECEIVING
FUNDING PURSUANT TO THIS SUBDIVISION MAY EXPEND NO MORE THAN FIVE
PERCENT OF GRANTS FOR ADMINISTRATION AND NO MORE THAN FIVE PERCENT OF
GRANTS FOR GRANTEE TRAINING. EXPENDITURES FROM THE COMPREHENSIVE SCHOOL
SECURITY ALLOCATION SHALL NOT BE ELIGIBLE FOR AID UNDER ANY OTHER
PROVISION OF THIS CHAPTER.
(2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION SHALL BE PAID
TO SCHOOL DISTRICTS OR SCHOOLS CERTIFIED BY THE BOARD AS ELIGIBLE TO
RECEIVE SUCH GRANTS IN ACCORDANCE WITH THIS SUBDIVISION. IF, UPON THE
OPTION OF A SCHOOL DISTRICT OR PRIVATE OR PAROCHIAL SCHOOL, A COMPREHEN-
SIVE SCHOOL SECURITY INVESTMENT PLAN DIRECTS THAT AN AMOUNT BE TRANS-
FERRED OR SUB-ALLOCATED TO A DEPARTMENT, AGENCY, OR PUBLIC AUTHORITY TO
BE SPENT ON BEHALF OF THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCA-
TION OR PRIVATE OR PAROCHIAL SCHOOL, SUCH AMOUNTS SHALL BE TRANSFERRED
OR SUB-ALLOCATED, CONSISTENT WITH SUCH PLAN, UPON THE APPROVAL OF THE
DIRECTOR OF THE BUDGET. THE AMOUNTS OF MONEY SO CERTIFIED OR MADE
AVAILABLE SHALL BE PAID BY THE COMPTROLLER IN ACCORDANCE WITH APPROPRI-
A. 11226 5
ATIONS THEREFOR; PROVIDED, HOWEVER, THAT THE PAYMENT SCHEDULE SET FORTH
IN SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE SHALL NOT APPLY TO
SUCH PAYMENTS. SUCH PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR
THE COMMISSIONER TO APPORTION FUNDS PURSUANT TO THIS SUBDIVISION, AND
WHENEVER A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATION, OR PRIVATE
OR PAROCHIAL SCHOOL HAS BEEN APPORTIONED MORE MONEY PURSUANT TO THIS
SUBDIVISION THAN THAT TO WHICH IT IS ENTITLED, THE COMMISSIONER MAY
DEDUCT SUCH AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATION, OR PRIVATE OR PAROCHIAL
SCHOOL.
D. CONSISTENCY WITH FEDERAL TAX LAW. ALL ACTIONS TAKEN PURSUANT TO
THIS SUBDIVISION SHALL BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF
THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD-
ANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF ANY
TAX EXEMPT BONDS PURSUANT TO THIS SUBDIVISION, TO PRESERVE THE TAX
EXEMPT STATUS OF SUCH BONDS.
E. COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT OF FUNDS TO BE MADE
AVAILABLE PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL APPLICABLE
STATE, FEDERAL AND LOCAL LAWS.
§ 3. The state finance law is amended by adding a new section 97-rrrr
to read as follows:
§ 97-RRRR. COMPREHENSIVE SCHOOL SECURITY BOND FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"COMPREHENSIVE SCHOOL SECURITY BOND FUND".
2. THE STATE COMPTROLLER SHALL DEPOSIT INTO THE COMPREHENSIVE SCHOOL
SECURITY BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF
BONDS AND/OR NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF THE
COMPREHENSIVE SCHOOL SECURITY BOND ACT OF 2018.
3. MONEYS IN THE COMPREHENSIVE SCHOOL SECURITY BOND FUND, FOLLOWING
APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE
BUDGET, SHALL BE AVAILABLE ONLY FOR APPROVED EXPENDITURES MADE FROM
APPROPRIATIONS FROM THE CAPITAL PROJECTS FUND FOR THE PURPOSE OF THE
COMPREHENSIVE SCHOOL SECURITY BOND FUND, AS SET FORTH IN THE COMPREHEN-
SIVE SCHOOL SECURITY BOND ACT OF 2018.
4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
SOLD PURSUANT TO THE COMPREHENSIVE SCHOOL SECURITY BOND ACT OF 2018
SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLO-
CATED PURSUANT TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE
APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE SENATE
FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
AND THE STATE COMPTROLLER.
§ 4. Section 61 of the state finance law is amended by adding a new
subdivision 32 to read as follows:
COMPREHENSIVE SCHOOL SECURITY PROJECTS
32. THIRTY YEARS. FOR THE PAYMENT OF COMPREHENSIVE SCHOOL SECURITY
PROJECTS, INCLUDING BUT NOT LIMITED TO ALL PROJECTS AS DEFINED IN SUBDI-
VISION SEVENTEEN OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCA-
TION LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOU-
SAND EIGHTEEN, ENACTING AND CONSTITUTING THE COMPREHENSIVE SCHOOL
SECURITY BOND ACT OF 2018. THIRTY YEARS FOR STRUCTURAL PROJECTS AND
PHYSICAL ACCESS CONTROLS; TWENTY YEARS FOR COORDINATED COMMUNICATION
SYSTEMS; AND EIGHT YEARS FOR VIDEO AND AUDIO SURVEILLANCE SYSTEMS, EMER-
GENCY NOTIFICATION SYSTEMS, AND WEAPONS DETECTION AND INTERDICTION
SYSTEMS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING
ANNUAL DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVER-
A. 11226 6
AGE PERIOD OF PROBABLE LIFE OF SUCH COMPREHENSIVE SCHOOL SECURITY
PROJECTS, INCLUDING WITH ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH
STATE DEBT. WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED
BY COMPUTING THE SUM OF THE PRODUCTS DERIVED FROM MULTIPLYING THE DOLLAR
VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR EACH WORK OR PURPOSE (OR
CLASS OF WORKS OR PURPOSES) BY THE PROBABLE LIFE OF SUCH WORK OR PURPOSE
(OR CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE
DOLLAR VALUE OF THE ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY
ORIGINAL ISSUE PREMIUM OR DISCOUNT.
§ 5. If otherwise applicable, all work performed on a project author-
ized by this act for the benefit of a school district or board of coop-
erative education shall be subject to article 8 of the labor law and
shall be subject to the enforcement of prevailing wage requirements by
the department of labor.
§ 6. If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
§ 7. This act shall take effect only in the event that section 1 of
part A of a chapter of the laws of 2018, enacting the "comprehensive
school security bond act of 2018", is submitted to the people at the
general election to be held in November, 2018 and is approved by a
majority of all votes cast for and against it at such election. Upon
such approval, this act shall take effect immediately. Effective imme-
diately, the addition, amendment, and/or repeal of any rule or regu-
lation necessary for the implementation of the foregoing sections of
this act are authorized and directed to be made and completed on or
before such effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A and B of this act shall be as
specifically set forth in the last section of such Parts.