Senate Bill S1368A

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

                                 1368--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens. DILAN, DIAZ, HASSELL-THOMPSON, LANZA -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Judiciary -- reported favorably from said committee  and  committed
  to  the  Committee  on  Finance -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the family court act, 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.  Subdivision 3 of section 236 of the family court  act,  as
amended  by  chapter  705  of  the  laws  of 1992, is amended to read as
follows:
  3. (a) Every such order for services to be  provided  after  September
first, nineteen hundred eighty-six which provides for the transportation
of  a  child  shall  further  require  that such transportation shall be
provided by the county or the city of New York, as the case may be, and,
that the city of New York may delegate the  authority  to  provide  such
transportation  to the board of education OR THE CITY SCHOOL DISTRICT of
such city.
  (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 [or], 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.  ANY CONTRACT OR CONTRACTS FOR TRANSPORTATION PURSU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02932-03-1
              

S. 1368--A                          2

ANT TO THIS SUBDIVISION APPROVED BY THE BOARD OF EDUCATION OR CHANCELLOR
OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK PURSUANT TO AN EVAL-
UATION OF PROPOSALS SUBMITTED IN RESPONSE  TO  A  REQUEST  FOR  PROPOSAL
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, IN THE
REQUEST  FOR PROPOSALS FOR SUCH CONTRACT OR CONTRACTS AND IN THE AWARDED
CONTRACT.
  S 2. This act shall take effect immediately.