Bill S1839-2015
Print Page
Original Bill Format (PDF)
ShareThis
Read or Leave Comments
Relates to contracts for the transportation of children
Relates to contracts for the transportation of children in cities with a population of one million or more; all contracts shall include employee protection provisions rationally relating to the promotion of a pool of qualified workers and the avoidance of labor disputes.
Details
VersionsS1839-2015 Sponsor:DILANMulti-sponsor(s):NoneCo-sponsor(s):ADDABBOCommittee:JUDICIARYLaw Section:Family Court Act Law:Amd §236, Fam Ct Act; amd §305, Ed L Actions
Jan 15, 2015: REFERRED TO JUDICIARY
MemoBILL NUMBER:S1839
TITLE OF BILL: An act to amend the family court act and the education law, in relation to contracts for the transportation of children
PURPOSE OR GENERAL IDEA OF BILL:
This bill would safeguard school children by helping to ensure retention of an experienced pool of school bus drivers and other school transportation employees by protecting the wages and benefits of such employees.
SUMMARY OF SPECIFIC PROVISIONS:
This proposal amends Section 236 of the Family Court Act and Section 305 (14)(a) of the Education Law to enable the City of New York to require consideration of requirements relating to the employment, compensation, hiring, and retention of employees when evaluating awarding school transportation contracts.
JUSTIFICATION:
Contracts awarded for the transportation of school children in the City of New York have historically included employee protection provisions. However, during the last mayoral administration, the decision was made to remove these provisions from all Pre-K and early intervention contracts.
This legislation would make the inclusion of these provisions mandatory for all transportation contract bids. These provisions are necessary to ensure stability in the provision of services to vulnerable children by an industry that faces a growing demand for qualified drivers and other employees. Companies have had a hard time recruiting qualified drivers, and to a certain extent, escorts or attendants. Requiring the inclusion of employee protection provisions in these transportation contracts will safeguard the children by helping to ensure retention of an experienced pool of drivers and other employees by protecting the wages and benefits of such employees.
PRIOR LEGISLATIVE HISTORY:
2014: S.7233A/A.9499A Referred to transportation; Referred to rules in the Assembly.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
Text
STATE OF NEW YORK
________________________________________________________________________
1839
2015-2016 Regular Sessions
IN SENATE
January 15, 2015
___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the family court act and the education law, in relation
to contracts for the transportation of children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 3 of section 236 of the family
court act, as amended by chapter 424 of the laws of 2012, is amended to
read as follows:
(b) Such order shall further require that such transportation shall be
provided within thirty days of the issuance of such order, and, shall be
provided as part of a municipal cooperation agreement, as part of a
contract awarded to the lowest responsible bidder in accordance with the
provisions of section one hundred three of the general municipal law, or
as part of a contract awarded pursuant to an evaluation of proposals to
the extent authorized by paragraphs e and f of subdivision fourteen of
section three hundred five of the education law and otherwise consistent
with the provisions of this subdivision, and that buses and vehicles
utilized in the performance of such contract shall meet the minimum
requirements for school age children as established by the commissioner
of transportation. WHEN, IN THE CITY OF NEW YORK, THE BOARD OF EDUCATION
OR THE CITY SCHOOL DISTRICT AWARDS A CONTRACT OR CONTRACTS FOR TRANSPOR-
TATION, THE BOARD OR CITY SCHOOL DISTRICT SHALL INCLUDE EMPLOYEE
PROTECTION PROVISIONS RATIONALLY RELATING TO THE PROMOTION OF A POOL OF
QUALIFIED WORKERS AND THE AVOIDANCE OF LABOR DISPUTES, INCLUDING BUT NOT
LIMITED TO PROVISIONS FOR THE PREFERENCE IN HIRING OF EMPLOYEES PERFORM-
ING WORK FOR EMPLOYERS UNDER CONTRACTS WITH THE BOARD OF EDUCATION OR
THE CITY SCHOOL DISTRICT, THE PRESERVATION OF WAGES, BENEFITS AND
SENIORITY FOR SUCH EMPLOYEES, AND OTHER PROVISIONS RELATING TO THE
HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES.
S 2. Paragraph a of subdivision 14 of section 305 of the education
law, as amended by chapter 273 of the laws of 1999, is amended to read
as follows:
a. All contracts for the transportation of school children, all
contracts to maintain school buses owned or leased by a school district
that are used for the transportation of school children, all contracts
for mobile instructional units, and all contracts to provide, maintain
and operate cafeteria or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if, in his opinion, the best
interests of the district will be promoted thereby. Except as provided
in paragraph e of this subdivision, all such contracts involving an
annual expenditure in excess of the amount specified for purchase
contracts in the bidding requirements of the general municipal law shall
be awarded to the lowest responsible bidder, which responsibility shall
be determined by the board of education or the trustee of a district,
with power hereby vested in the commissioner to reject any or all bids
if, in his opinion, the best interests of the district will be promoted
thereby and, upon such rejection of all bids, the commissioner shall
order the board of education or trustee of the district to seek, obtain
and consider new proposals. PROVIDED, FURTHER, THAT ALL TRANSPORTATION
CONTRACTS FOR CITIES WITH A POPULATION OF ONE MILLION OR MORE SHALL
INCLUDE EMPLOYEE PROTECTION PROVISIONS RATIONALLY RELATING TO THE
PROMOTION OF A POOL OF QUALIFIED WORKERS AND THE AVOIDANCE OF LABOR
DISPUTES, INCLUDING BUT NOT LIMITED TO PROVISIONS FOR THE PREFERENCE IN
HIRING OF EMPLOYEES PERFORMING WORK FOR EMPLOYERS UNDER CONTRACTS WITH
THE BOARD OF EDUCATION OR THE CITY SCHOOL DISTRICT, THE PRESERVATION OF
WAGES, BENEFITS AND SENIORITY FOR SUCH EMPLOYEES, AND OTHER PROVISIONS
RELATING TO THE HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES. All
proposals for such transportation, maintenance, mobile instructional
units, or cafeteria and restaurant service shall be in such form as the
commissioner may prescribe. Advertisement for bids shall be published
in a newspaper or newspapers designated by the board of education or
trustee of the district having general circulation within the district
for such purpose. Such advertisement shall contain a statement of the
time when and place where all bids received pursuant to such advertise-
ment will be publicly opened and read either by the school authorities
or by a person or persons designated by them. All bids received shall be
publicly opened and read at the time and place so specified. At least
five days shall elapse between the first publication of such advertise-
ment and the date so specified for the opening and reading of bids. The
requirement for competitive bidding shall not apply to an award of a
contract for the transportation of pupils or a contract for mobile
instructional units, if such award is based on an evaluation of
proposals in response to a request for proposals pursuant to paragraph e
of this subdivision. The requirement for competitive bidding shall not
apply to annual, biennial, or triennial extensions of a contract nor
shall the requirement for competitive bidding apply to quadrennial or
quinquennial year extensions of a contract involving transportation of
pupils, maintenance of school buses or mobile instructional units
secured either through competitive bidding or through evaluation of
proposals in response to a request for proposals pursuant to paragraph e
of this subdivision, when such extensions (1) are made by the board of
education or the trustee of a district, under rules and regulations
prescribed by the commissioner, and, (2) do not extend the original
contract period beyond five years from the date cafeteria and restaurant
service commenced thereunder and in the case of contracts for the trans-
portation of pupils, for the maintenance of school buses or for mobile
instructional units, that such contracts may be extended, except that
power is hereby vested in the commissioner, in addition to his existing
statutory authority to approve or disapprove transportation or mainte-
nance contracts, (i) to reject any extension of a contract beyond the
initial term thereof if he finds that amount to be paid by the district
to the contractor in any year of such proposed extension fails to
reflect any decrease in the regional consumer price index for the N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers (CPI-U) during the preceding twelve month period; and (ii) to reject
any extension of a contract after ten years from the date transportation
or maintenance service commenced thereunder, or mobile instructional
units were first provided, if in his opinion, the best interests of the
district will be promoted thereby. Upon such rejection of any proposed
extension, the commissioner may order the board of education or trustee
of the district to seek, obtain and consider bids pursuant to the
provisions of this section. The board of education or the trustee of a
school district electing to extend a contract as provided herein, may,
in its discretion, increase the amount to be paid in each year of the
contract extension by an amount not to exceed the regional consumer
price index increase for the N.Y., N.Y.-Northeastern, N.J. area, based
upon the index for all urban consumers (CPI-U), during the preceding
twelve month period, provided it has been satisfactorily established by
the contractor that there has been at least an equivalent increase in
the amount of his cost of operation, during the period of the contract.
S 3. This act shall take effect immediately.
Comments
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Discuss!
Print Page
Original Bill Format (PDF)
ShareThis
Read or Leave Comments
Relates to contracts for the transportation of children
Relates to contracts for the transportation of children in cities with a population of one million or more; all contracts shall include employee protection provisions rationally relating to the promotion of a pool of qualified workers and the avoidance of labor disputes.
Details
VersionsS1839-2015 Sponsor:DILANMulti-sponsor(s):NoneCo-sponsor(s):ADDABBOCommittee:JUDICIARYLaw Section:Family Court Act Law:Amd §236, Fam Ct Act; amd §305, Ed L Actions
Jan 15, 2015: REFERRED TO JUDICIARY
MemoBILL NUMBER:S1839
TITLE OF BILL: An act to amend the family court act and the education law, in relation to contracts for the transportation of children
PURPOSE OR GENERAL IDEA OF BILL:
This bill would safeguard school children by helping to ensure retention of an experienced pool of school bus drivers and other school transportation employees by protecting the wages and benefits of such employees.
SUMMARY OF SPECIFIC PROVISIONS:
This proposal amends Section 236 of the Family Court Act and Section 305 (14)(a) of the Education Law to enable the City of New York to require consideration of requirements relating to the employment, compensation, hiring, and retention of employees when evaluating awarding school transportation contracts.
JUSTIFICATION:
Contracts awarded for the transportation of school children in the City of New York have historically included employee protection provisions. However, during the last mayoral administration, the decision was made to remove these provisions from all Pre-K and early intervention contracts.
This legislation would make the inclusion of these provisions mandatory for all transportation contract bids. These provisions are necessary to ensure stability in the provision of services to vulnerable children by an industry that faces a growing demand for qualified drivers and other employees. Companies have had a hard time recruiting qualified drivers, and to a certain extent, escorts or attendants. Requiring the inclusion of employee protection provisions in these transportation contracts will safeguard the children by helping to ensure retention of an experienced pool of drivers and other employees by protecting the wages and benefits of such employees.
PRIOR LEGISLATIVE HISTORY:
2014: S.7233A/A.9499A Referred to transportation; Referred to rules in the Assembly.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
Text
STATE OF NEW YORK
________________________________________________________________________
1839
2015-2016 Regular Sessions
IN SENATE
January 15, 2015
___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the family court act and the education law, in relation
to contracts for the transportation of children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 3 of section 236 of the family
court act, as amended by chapter 424 of the laws of 2012, is amended to
read as follows:
(b) Such order shall further require that such transportation shall be
provided within thirty days of the issuance of such order, and, shall be
provided as part of a municipal cooperation agreement, as part of a
contract awarded to the lowest responsible bidder in accordance with the
provisions of section one hundred three of the general municipal law, or
as part of a contract awarded pursuant to an evaluation of proposals to
the extent authorized by paragraphs e and f of subdivision fourteen of
section three hundred five of the education law and otherwise consistent
with the provisions of this subdivision, and that buses and vehicles
utilized in the performance of such contract shall meet the minimum
requirements for school age children as established by the commissioner
of transportation. WHEN, IN THE CITY OF NEW YORK, THE BOARD OF EDUCATION
OR THE CITY SCHOOL DISTRICT AWARDS A CONTRACT OR CONTRACTS FOR TRANSPOR-
TATION, THE BOARD OR CITY SCHOOL DISTRICT SHALL INCLUDE EMPLOYEE
PROTECTION PROVISIONS RATIONALLY RELATING TO THE PROMOTION OF A POOL OF
QUALIFIED WORKERS AND THE AVOIDANCE OF LABOR DISPUTES, INCLUDING BUT NOT
LIMITED TO PROVISIONS FOR THE PREFERENCE IN HIRING OF EMPLOYEES PERFORM-
ING WORK FOR EMPLOYERS UNDER CONTRACTS WITH THE BOARD OF EDUCATION OR
THE CITY SCHOOL DISTRICT, THE PRESERVATION OF WAGES, BENEFITS AND
SENIORITY FOR SUCH EMPLOYEES, AND OTHER PROVISIONS RELATING TO THE
HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES.
S 2. Paragraph a of subdivision 14 of section 305 of the education
law, as amended by chapter 273 of the laws of 1999, is amended to read
as follows:
a. All contracts for the transportation of school children, all
contracts to maintain school buses owned or leased by a school district
that are used for the transportation of school children, all contracts
for mobile instructional units, and all contracts to provide, maintain
and operate cafeteria or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if, in his opinion, the best
interests of the district will be promoted thereby. Except as provided
in paragraph e of this subdivision, all such contracts involving an
annual expenditure in excess of the amount specified for purchase
contracts in the bidding requirements of the general municipal law shall
be awarded to the lowest responsible bidder, which responsibility shall
be determined by the board of education or the trustee of a district,
with power hereby vested in the commissioner to reject any or all bids
if, in his opinion, the best interests of the district will be promoted
thereby and, upon such rejection of all bids, the commissioner shall
order the board of education or trustee of the district to seek, obtain
and consider new proposals. PROVIDED, FURTHER, THAT ALL TRANSPORTATION
CONTRACTS FOR CITIES WITH A POPULATION OF ONE MILLION OR MORE SHALL
INCLUDE EMPLOYEE PROTECTION PROVISIONS RATIONALLY RELATING TO THE
PROMOTION OF A POOL OF QUALIFIED WORKERS AND THE AVOIDANCE OF LABOR
DISPUTES, INCLUDING BUT NOT LIMITED TO PROVISIONS FOR THE PREFERENCE IN
HIRING OF EMPLOYEES PERFORMING WORK FOR EMPLOYERS UNDER CONTRACTS WITH
THE BOARD OF EDUCATION OR THE CITY SCHOOL DISTRICT, THE PRESERVATION OF
WAGES, BENEFITS AND SENIORITY FOR SUCH EMPLOYEES, AND OTHER PROVISIONS
RELATING TO THE HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES. All
proposals for such transportation, maintenance, mobile instructional
units, or cafeteria and restaurant service shall be in such form as the
commissioner may prescribe. Advertisement for bids shall be published
in a newspaper or newspapers designated by the board of education or
trustee of the district having general circulation within the district
for such purpose. Such advertisement shall contain a statement of the
time when and place where all bids received pursuant to such advertise-
ment will be publicly opened and read either by the school authorities
or by a person or persons designated by them. All bids received shall be
publicly opened and read at the time and place so specified. At least
five days shall elapse between the first publication of such advertise-
ment and the date so specified for the opening and reading of bids. The
requirement for competitive bidding shall not apply to an award of a
contract for the transportation of pupils or a contract for mobile
instructional units, if such award is based on an evaluation of
proposals in response to a request for proposals pursuant to paragraph e
of this subdivision. The requirement for competitive bidding shall not
apply to annual, biennial, or triennial extensions of a contract nor
shall the requirement for competitive bidding apply to quadrennial or
quinquennial year extensions of a contract involving transportation of
pupils, maintenance of school buses or mobile instructional units
secured either through competitive bidding or through evaluation of
proposals in response to a request for proposals pursuant to paragraph e
of this subdivision, when such extensions (1) are made by the board of
education or the trustee of a district, under rules and regulations
prescribed by the commissioner, and, (2) do not extend the original
contract period beyond five years from the date cafeteria and restaurant
service commenced thereunder and in the case of contracts for the trans-
portation of pupils, for the maintenance of school buses or for mobile
instructional units, that such contracts may be extended, except that
power is hereby vested in the commissioner, in addition to his existing
statutory authority to approve or disapprove transportation or mainte-
nance contracts, (i) to reject any extension of a contract beyond the
initial term thereof if he finds that amount to be paid by the district
to the contractor in any year of such proposed extension fails to
reflect any decrease in the regional consumer price index for the N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers (CPI-U) during the preceding twelve month period; and (ii) to reject
any extension of a contract after ten years from the date transportation
or maintenance service commenced thereunder, or mobile instructional
units were first provided, if in his opinion, the best interests of the
district will be promoted thereby. Upon such rejection of any proposed
extension, the commissioner may order the board of education or trustee
of the district to seek, obtain and consider bids pursuant to the
provisions of this section. The board of education or the trustee of a
school district electing to extend a contract as provided herein, may,
in its discretion, increase the amount to be paid in each year of the
contract extension by an amount not to exceed the regional consumer
price index increase for the N.Y., N.Y.-Northeastern, N.J. area, based
upon the index for all urban consumers (CPI-U), during the preceding
twelve month period, provided it has been satisfactorily established by
the contractor that there has been at least an equivalent increase in
the amount of his cost of operation, during the period of the contract.
S 3. This act shall take effect immediately.
Comments
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Discuss!