Senate Bill S8984A

2017-2018 Legislative Session

Relates to creating the comprehensive school security bond act of 2018 and providing for the submission to the people of a proposition therefor

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2018	print number 8984a
Jun 14, 2018	amend (t) and recommit to rules
Jun 11, 2018	referred to rules

Bill Amendments

Original

A (Active)

2017-S8984 - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §3641, Ed L; add §97-rrrr, amd §61, St Fin L

2017-S8984 - Summary

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.

2017-S8984 - Sponsor Memo

                                
 
BILL NUMBER: S8984

SPONSOR: GOLDEN
 
TITLE OF BILL:  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 safe-
ty and security of the populations, buildings and connected infrastruc-
ture 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 coor-
dination, including services, expenses and indirect costs; and providing
for the submission to the people of a proposition 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)

 
PURPOSE:

To authorize the citizens of the State of New York to determine if the
State should provide resources in an amount of $2 billion for comprehen-
sive security plans and systems in every school in New York if the

administration of such schools wish to implement the best available
security tools to protect their students, teachers, administrators and
staffs.

 
SUMMARY OF PROVISIONS:

Part A lays out the Comprehensive School Security Bond Act of 2018.

Section 1 of Part A lays out the title of the act.

Section 2 creates state debt in an amount not to exceed $2 billion for
improving safety and security of population, building and connected
infrastructure or public and private schools, to offset the costs for
security systems and related expenses.

Section 3 authorizes the comptroller to issue and sell bonds.

Section 4 enumerates that the proceeds of the bonds can be used to
effectuate school security projects including high capacity weapon
detection systems, advanced communication systems, building and fixture
hardening, drones, facial recognition systems and other high-tech secu-
rity equipment.

The next section of the bill lays out the requirement that the act will
not take effect unless the voters approve a bond act measure in the
November 2018 election as set forth in a chapter of the laws of 2018.
Part B describes the legislation necessary to implement the bond act.

Section 1 lists the title of the implementation act.

Section 2 creates a new subdivision 17 of the education law.

Paragraph a defines the terms used in the subdivision listing the mean-
ings of the following terms:

1. Bonds pursuant to the comprehensive school security bond act of 2018.

2. School security review board comprised of the Chancellor of SUNY, the
Director of the Budget, the Executive Directors of the State Association
of Independent Schools and the State School Boards Association and the
Commissioner of the State Education Department.

3. Comprehensive school security investment plan meaning the plan by a
school or school district to receive a school security grant.

4. Comprehensive school security project meaning a capital project
eligible for a grant.

5. School safety and security technology project that lists the types of
capital projects eligible for grants including, but not limited to,
structural and physical access controls, video and audio surveillance,
emergency notification systems, weapons detection and interdictions
systems and coordinated communication systems.

6. Comprehensive school security allocation meaning grants up to $650
times the number of students in a school or school district.

Paragraph b describes eligible investment plans:

1. The school security review board must issue guidelines for grants no
later than April 1, 2019, requiring eligible submissions no later than
July 1, 2019.

2. No grant can be awarded until approved by the review board after
consultation with interested stakeholders.

3. This subparagraph lays out the approval process for grant awards.

4. Any amendments to a plan must also receive board approval.

Paragraph c describes how grants can be spent:

1. Upon approval of an investment plan, grants can be awarded subject to
allowable purposes, the comprehensive school security allocation, and a
condition that no more than five percent of a grant can be used for
administration, and no more than five percent of a grant can be used for
training expenses.

2. Grant proceeds can be transferred to other public agencies to be
spent on behalf of a public school district, private or parochial
school, or board of cooperative education.

Paragraph d requires that all actions regarding these funds must be
consistent with provisions of the internal revenue code to maintain the
tax-exempt status of the bonds.

Paragraph e necessitates that all recipients of bond proceeds must
comply with all applicable laws.

Section 3 adds a new section 97-rrrr to provide a fund for bond proceeds
and requires that funds can only be released if all provisions of the
implementation act, and requires that certificates of approval be trans-
mitted to the chairs of Finance and Ways and Means.


Section 4 defines the useful lives of various comprehensive school secu-
rity project components.

Section 5 requires projects for public schools be subject to Article 8
of the Labor Law if such prevailing wage requirements are otherwise
applicable.

Section 6 provides a severability clause for this part.

Section 7 gives an effective date for the implementation act following
passage of Comprehensive School Security Bond Act of 2018.

Section 2 of the entire bill provides a severability clause for the
entire act and all of its parts.

Section 3 provides for an immediate effective act subject of applicable
dates listed in the last sections of Part A and Part B respectively.

 
JUSTIFICATION:

Every month on average, two premeditated shootings occur at a school in
the United States. A sickening pattern has developed over and over again
with no effective response in sight. Whether we are reacting to mass
incidents of horror just this year, like the 17 killed and 17 wounded in
Parkland, Florida in February, or the 11 dead and 13 wounded at Santa Fe
High School outside Houston in May, to the latest two wounded victims
shot by a thirteen year old in Indiana, no coordinated strategy has been
implemented anywhere in the nation.

As horrific as these events have been, so far New York has been spared
from this violence that would take the life of one or more of the 2.63
million public and 410,000 private and parochial students in New York.
However, this game of Russian roulette will end at some terrible point.
We have a small window to act, and there is no excuse if we do not do
what we can.

An even greater threat is almost inevitably coming. In the near future,
we will have to deal with the use of school mass violence for the
purpose of organized mass terror, as has become all too common in
Europe, Africa and Asian areas such as Chechnya, India and Iraq. New
York will once again have to be the frontline on this latest chapter in
the War on Terror.

Unfortunately, our schools, and the State's most precious asset, its
children, are now the easiest soft target for those that would wish to
perform the most egregious acts of terror upon us. It is the foremost
responsibility of the State of New York to do everything in its power to
protect our students and their teachers before these purveyors of death
target us.

Security experts all agree that reasonable and affordable actions can be
taken to harden our schools, stop those that plan these attacks before
they can get into our schools, and, if they do get in, isolate them,
protect our school populations, and neutralize the threat as soon as
possible. A four-pronged strategy has been developed to help cope with
these threats using not invasive and non-coercive means.  These are the
four "D's" of school security:

*Deter

*Detect

*Delay

*Defeat.

The most effective means we have to carry out these goals is by using
advanced technology to protect our schools, and get our first responders
to act and eliminate these threats as soon as possible.

This bill asks the citizens of the State of New York if they believe
that protecting our schools, students, teachers and administrators from
death and violence is worth making available advanced security systems
to protect each of school in the State. If the voters agree, Schools can
use up to $2 billion for full funding of high capacity weapons detection
and interdiction, and comprehensive security communications to make it
as difficult as possible to conduct mass violence or terror operations
against our children. Each of the 6,500 schools in the State could take
advantage of these advanced security systems if so desired by the admin-
istration of public school boards or the board of directors of private
and charter schools.

Deter:

Advanced audio and visual systems using drones surrounding campuses for
interdiction and control and coordinated communication systems have the
capability to interdict threats. Block-chaining schools security soft-
ware systems can serve to deter hacking and keep security systems active
during a crisis.

Detect:

Recent technological advances have made it feasible to provide rapid
smart sensors than can scan every student and staff member in a school
in fifteen minutes or less. In addition, threat assessment and communi-
cation software now allows instant site threat analysis, including
facial recognition systems for nearly instanteous threat detection.

Delay:

School building and classroom door hardening can limit the potential
targets for an attacker. In addition, advanced communication, using
360-degree security, can direct students and teachers to the most secure
areas in a building, and point out the best way to escape when that
becomes a good option.

Defeat:

Advanced communication allows attackers to be isolated, coordinate
responders, and plan interdiction and threat elimination.

Finding a solution for mass school violence has no simple answer, only a
multitude of tools can serve to protect our students and teachers with-
out creating a climate of intimidation and fear that will destroy our
learning environment. Losing that environment is equivalent to handing

these enemies of peace and freedom the victory they seek through
violence.

There is no one size fits all solution. Individual school boards and
administrators will pattern their security solutions to their individual
needs and perceived threats within all available resources.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

A multiyear $2 billion spending program paid for by debt service from
bonded funds.

 
EFFECTIVE DATE:
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.

2017-S8984 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8984
 
                             I N  S E N A T E
 
                               June 11, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section  1.  This  act enacts into law major components of legislation
 which are necessary to implement the comprehensive school security  bond
 act of 2018. Each component is wholly contained within a Part identified
 as  Parts  A  and  B.  The  effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.  Any  provision  in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.   Section three of this act sets forth the general
 effective date of this act.
 
                                  PART A
 
   Section 1. The comprehensive school  security  bond  act  of  2018  is
 enacted to read as follows:
              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

 S. 8984                             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

 S. 8984                             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

 S. 8984                             4
 
 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-

 S. 8984                             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-

 S. 8984                             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.

2017-S8984A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §3641, Ed L; add §97-rrrr, amd §61, St Fin L

2017-S8984A (ACTIVE) - Summary

2017-S8984A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8984A

SPONSOR: GOLDEN
 
TITLE OF BILL:  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, 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; and providing for the submission to the people of a
proposition or question therefor to be voted upon at the general
election to be held in November, 2018 (Part A); and to amend the educa-
tion law and the state finance law, in relation to the implementation of
the comprehensive school security bond act of 2018 (Part B)

 
PURPOSE:

To authorize the citizens of the State of New York to determine if the
State should provide resources in an amount of $1.75 billion for compre-
hensive security plans and systems in every school in New York if the

administration of such schools wish to implement the best available
security tools to protect their students, teachers, administrators and
staffs.

 
SUMMARY OF PROVISIONS:

Part A lays out the Comprehensive School Security Bond Act of 2018.

Section 1 of Part A lays out the title of the act.

Section 2 creates state debt in an amount not to exceed $1.75 billion
for improving safety and security of population, building and connected
infrastructure or public and private schools, to offset the costs for
security systems and related expenses.

Section 3 authorizes the comptroller to issue and sell bonds.

Section 4 enumerates that the proceeds of the bonds can be used to
effectuate school security projects including high capacity weapon
detection systems, advanced communication systems, building and fixture
hardening, drones, facial recognition systems and other high-tech secu-
rity equipment.

The next section of the bill lays out the requirement that the act will
not take effect unless the voters approve a bond act measure in the
November 2018 election as set forth in a chapter of the laws of 2018.

Part B describes the legislation necessary to implement the bond act.

Section 1 lists the title of the implementation act.

Section 2 creates a new subdivision 17 of the education law.  Paragraph
a defines the terms used in the subdivision listing the meanings of the
following terms:

1. Bonds pursuant to the comprehensive school security bond act of 2018.

2. School security review board comprised of the Chancellor of SUNY, the
Director of the Budget, the Executive Directors of the State Association
of Independent Schools and the State School Boards Association and the
Commissioner of the State Education Department.

3. Comprehensive school security investment plan meaning the plan by a
school or school district to receive a school security grant.

4. Comprehensive school security project meaning a capital project
eligible for a grant.

5. School safety and security technology project that lists the types of
capital projects eligible for grants including, but not limited to,
structural and physical access controls, video and audio surveillance,
emergency notification systems, weapons detection and interdictions
systems and coordinated communication systems.

6. Comprehensive school security allocation meaning grants up to $650
times the number of students in a school or school district.

Paragraph b describes eligible investment plans:

1. The school security review board must issue guidelines for grants no
later than April 1, 2019, requiring eligible submissions no later than
July 1, 2019.

2. No grant can be awarded until approved by the review board after
consultation with interested stakeholders.

3. This subparagraph lays out the approval process for grant awards.

4. Any amendments to a plan must also receive board approval.

Paragraph c describes how grants can be spent:

1. Upon approval of an investment plan, grants can be awarded subject to
allowable purposes, the comprehensive school security allocation, and a
condition that no more than five percent of a grant can be used for
administration, and no more than five percent of a grant can be used for
training expenses.

2. Grant proceeds can be transferred to other public agencies to be
spent on behalf of a public school district, private or parochial
school, or board of cooperative education.

Paragraph d requires that all actions regarding these funds must be
consistent with provisions of the internal revenue code to maintain the
tax-exempt status of the bonds.

Paragraph e necessitates that all recipients of bond proceeds must
comply with all applicable laws.

Section 3 adds a new section 97-rrrr to provide a fund for bond proceeds
and requires that funds can only be released if all provisions of the
implementation act, and requires that certificates of approval be trans-
mitted to the chairs of Finance and Ways and Means.


Section 4 defines the useful lives of various comprehensive school secu-
rity project components.

Section 5 requires projects for public schools be subject to Article 8
of the Labor Law if such prevailing wage requirements are otherwise
applicable.

Section 6 provides a severability clause for this part.

Section 7 gives an effective date for the implementation act following
passage of Comprehensive School Security Bond Act of 2018.

Section 2 of the entire bill provides a severability clause for the
entire act and all of its parts.

Section 3 provides for an immediate effective act subject of applicable
dates listed in the last sections of Part A and Part B respectively.

 
JUSTIFICATION:

Every month on average, two premeditated shootings occur at a school in
the United States. A sickening pattern has developed over and over again
with no effective response in sight. Whether we are reacting to mass
incidents of horror just this year, like the 17 killed and 17 wounded in
Parkland, Florida in February, or the 11 dead and 13 wounded at Santa Fe
High School outside Houston in May, to the latest two wounded victims
shot by a thirteen year old in Indiana, no coordinated strategy has been
implemented anywhere in the nation.

As horrific as these events have been, so far New York has been spared
from this violence that would take the life of one or more of the 2.63
million public and 410,000 private and parochial students in New York.
However, this game of Russian roulette will end at some terrible point.
We have a small window to act, and there is no excuse if we do not do
what we can.

An even greater threat is almost inevitably coming. In the near future,
we will have to deal with the use of school mass violence for the
purpose of organized mass terror, as has become all too common in
Europe, Africa and Asian areas such as Chechnya, India and Iraq. New
York will once again have to be the frontline on this latest chapter in
the War on Terror.

Unfortunately, our schools, and the State's most precious asset, its
children, are now the easiest soft target for those that would wish to
perform the most egregious acts of terror upon us. It is the foremost
responsibility of the State of New York to do everything in its power to
protect our students and their teachers before these purveyors of death
target us.

Security experts all agree that reasonable and affordable actions can be
taken to harden our schools, stop those that plan these attacks before
they can get into our schools, and, if they do get in, isolate them,
protect our school populations, and neutralize the threat as soon as
possible. A four-pronged strategy has been developed to help cope with
these threats using not invasive and non-coercive means.  These are the
four "D's" of school security:

*Deter

*Detect

*Delay

*Defeat.

The most effective means we have to carry out these goals is by using
advanced technology to protect our schools, and get our first responders
to act and eliminate these threats as soon as possible.

This bill asks the citizens of the State of New York if they believe
that protecting our schools, students, teachers and administrators from
death and violence is worth making available advanced security systems
to protect each of school in the State. If the voters agree, Schools can
use up to $1.75 billion for full funding of high capacity weapons
detection and interdiction, and comprehensive security communications to
make it as difficult as possible to conduct mass violence or terror
operations against our children. Each of the 6,500 schools in the State
could take advantage of these advanced security systems if so desired by
the administration of public school boards or the board of directors of
private and charter schools.

Deter:

Advanced audio and visual systems using drones surrounding campuses for
interdiction and control and coordinated communication systems have the
capability to interdict threats. Block-chaining schools security soft-
ware systems can serve to deter hacking and keep security systems active
during a crisis.

Detect:

Recent technological advances have made it feasible to provide rapid
smart sensors than can scan every student and staff member in a school
in fifteen minutes or less. In addition, threat assessment and communi-
cation software now allows instant site threat analysis, including
facial recognition systems for nearly instanteous threat detection.

Delay:

School building and classroom door hardening can limit the potential
targets for an attacker. In addition, advanced communication, using
360-degree security, can direct students and teachers to the most secure
areas in a building, and point out the best way to escape when that
becomes a good option.

Defeat:

Advanced communication allows attackers to be isolated, coordinate
responders, and plan interdiction and threat elimination.

Finding a solution for mass school violence has no simple answer, only a
multitude of tools can serve to protect our students and teachers with-
out creating a climate of intimidation and fear that will destroy our
learning environment. Losing that environment is equivalent to handing

these enemies of peace and freedom the victory they seek through
violence.

There is no one size fits all solution. Individual school boards and
administrators will pattern their security solutions to their individual
needs and perceived threats within all available resources.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

A multiyear $1.75 billion spending program paid for by debt service from
bonded funds.

 
EFFECTIVE DATE:
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.

2017-S8984A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8984--A
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  This  act enacts into law major components of legislation
 which are necessary to implement the comprehensive school security  bond
 act of 2018. Each component is wholly contained within a Part identified
 as  Parts  A  and  B.  The  effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.  Any  provision  in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.   Section three of this act sets forth the general
 effective date of this act.
 
                                  PART A

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16252-02-8

 S. 8984--A                          2
 
   Section 1. The comprehensive school  security  bond  act  of  2018  is
 enacted to read as follows:
              COMPREHENSIVE SCHOOL SECURITY BOND ACT OF 2018
 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 one billion seven hundred fifty
 million dollars ($1,750,000,000) is hereby authorized to provide  moneys
 for the single purpose of improving the safety and security of the popu-
 lations,  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.
   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   one   billion   seven   hundred   fifty   million  dollars
 ($1,750,000,000) 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 one  billion  seven  hundred  fifty  million
 dollars  ($1,750,000,000)  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  one  billion  seven
 hundred fifty million dollars ($1,750,000,000) 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 pres-
 ent 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-

 S. 8984--A                          3
 
 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
 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 one billion seven hundred fifty million
 dollars ($1,750,000,000) 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

 S. 8984--A                          4
 
 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
 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

 S. 8984--A                          5
 
 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-
 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

 S. 8984--A                          6
 
 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-
 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.

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Senate Bill S8984A

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Rules Committee

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2017-S8984 - Details

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