senate Bill S7020

Relates to certain contracts regarding bus drivers and bus driver's assistants

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Apr / 2014
    • REFERRED TO EDUCATION

Summary

Relates to certain contracts regarding bus drivers and bus driver's assistants.

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Bill Details

See Assembly Version of this Bill:
A9338
Versions:
S7020
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง1604 & 1709, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
S4317A, A7269

Sponsor Memo

BILL NUMBER:S7020

TITLE OF BILL: An act to amend the education law, in relation to
certain contracts regarding bus drivers and bus driver's assistants

PURPOSE:

This bill would require school districts to abide by the existing
collective bargaining agreement between its transportation contractor
and its employees with regard to disciplinary action of bus drivers
and assistance.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 1604 of the education law by
adding that school districts must abide by the existing collective
bargaining agreement with regard to disciplinary action of bus drivers
and assistance.

Section 2 of the bill amends Section 1709 of the education law by
adding that school districts must abide by the existing collective
bargaining agreement with regard to disciplinary action of bus drivers
and assistance.

Section 3 of the bill is the effective date.

JUSTIFICATION:

Current law requires school bus drivers and assistants to secure
special certification and licenses to convey school children to and
from school. Those directly employed by school districts have
statutory procedural protections against arbitrary and unfair
disciplinary actions against them. Many suburban and rural school
districts, however, contract out for transportation service; therefore
existing statutory procedural protections in such matters are
inapplicable. Employees of the transportation contractor of the school
district may have contractual protections covering disciplinary
actions, but the school district is not a party of that contract.
Hence the school district is able to undertake disciplinary action
against employees of its contractor, without abiding by previously
agreed to due process protections. This legislation does not prevent
the district from undertaking a disciplinary action; it merely
requires it to abide by the terms in an existing contract between its
transportation contractor and its employees.

LEGISLATIVE HISTORY:

2012 S4317- Referred to Education/ A7269- Referred to Education
2011 S4317- Referred to Education/ A7269- Referred to Education

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7020

                            I N  S E N A T E

                             April 16, 2014
                               ___________

Introduced  by  Sens.  LANZA,  AVELLA, LATIMER -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

AN  ACT  to  amend  the  education law, in relation to certain contracts
  regarding bus drivers and bus driver's assistants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  23  of section 1604 of the education law, as
amended by chapter 269 of the laws  of  1974,  is  amended  to  read  as
follows:
  23.  To contract with any person, corporation or other school district
for the conveyance of pupils residing within the district, when  author-
ized  to  do so under subdivision nineteen of section two thousand twen-
ty-one, by vote of the inhabitants of the district entitled to vote,  or
to  contract  for the operation, maintenance and garaging of motor vehi-
cles owned by the district, in accordance  with  such  rules  and  regu-
lations  as such trustees may establish, consistent with the regulations
of the  commissioner  of  education.  Upon  authorization  by  a  school
district  meeting, every such contract of transportation may be made for
a period not exceeding five years, notwithstanding any provision of  any
other  law  inconsistent herewith.  WITH RESPECT TO ANY CONTRACT ENTERED
INTO UNDER THIS SUBDIVISION, THE  DISTRICT  SHALL  ABIDE  BY  THE  TERMS
CONTAINED  IN  ANY  COLLECTIVELY  BARGAINED  AGREEMENT APPLICABLE TO BUS
DRIVERS AND DRIVER'S ASSISTANTS ENTERED INTO BY THE CONTRACTING  ENTITY,
GOVERNING  DISCIPLINARY ACTIONS AGAINST BUS DRIVERS AND DRIVER'S ASSIST-
ANTS EMPLOYED BY SUCH CONTRACTING ENTITY, PRIOR TO THE DISTRICT IMPOSING
OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST  SUCH  DRIVER  OR
DRIVER'S ASSISTANT.
  S  2.  Subdivision 27 of section 1709 of the education law, as amended
by chapter 737 of the laws of 1992, is amended to read as follows:
  27. To contract with any person, corporation or other school  district
for  the conveyance of pupils residing within the district, when author-
ized to do so under subdivision nineteen of section two  thousand  twen-
ty-one of this chapter, by vote of the inhabitants of the district enti-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05471-01-3

S. 7020                             2

tled to vote, or to contract for the operation, maintenance and garaging
of  motor  vehicles owned by the district, in accordance with such rules
and regulations as such board of  education  may  establish,  consistent
with the regulations of the commissioner. Upon authorization by a school
district  meeting, every such contract of transportation may be made for
a period not exceeding five years, notwithstanding any provision of  any
other  law  inconsistent herewith.  WITH RESPECT TO ANY CONTRACT ENTERED
INTO UNDER THIS SUBDIVISION, THE  DISTRICT  SHALL  ABIDE  BY  THE  TERMS
CONTAINED  IN  ANY  COLLECTIVELY  BARGAINED  AGREEMENT APPLICABLE TO BUS
DRIVERS AND DRIVER'S ASSISTANTS ENTERED INTO BY THE CONTRACTING  ENTITY,
GOVERNING  DISCIPLINARY ACTIONS AGAINST BUS DRIVERS AND DRIVER'S ASSIST-
ANTS EMPLOYED BY SUCH CONTRACTING ENTITY, PRIOR TO THE DISTRICT IMPOSING
OR IMPLEMENTING AN ADVERSE DISCIPLINARY ACTION AGAINST  SUCH  DRIVER  OR
DRIVER'S ASSISTANT.
  S 3. This act shall take effect immediately.

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