S T A T E O F N E W Y O R K
________________________________________________________________________
4961
2013-2014 Regular Sessions
I N S E N A T E
May 1, 2013
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Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to an incentive for
school districts to lower their transportation costs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 3623-a of the education law is
amended by adding a new paragraph d to read as follows:
D. (1) NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHERE A SCHOOL
DISTRICT PROVIDING TRANSPORTATION FOR SOME OR ALL OF ITS DISTRICT PUPILS
THROUGH A DISTRICT OPERATED TRANSPORTATION SYSTEM AS OF THE FIRST DAY OF
SEPTEMBER TWO THOUSAND THIRTEEN CONTRACTS FOR THE TRANSPORTATION OF ITS
PUPILS WITH A CONTRACTOR AND SUCH CONTRACT RESULTS IN A LOWER ALLOWABLE
TRANSPORTATION EXPENSE PURSUANT TO THIS SECTION THAN THE DISTRICT OPER-
ATED TRANSPORTATION SYSTEM SUCH DISTRICT MAY COMPUTE ITS TRANSPORTATION
AID PURSUANT TO THIS SECTION BASED UPON THE HIGHER DISTRICT OPERATED
TRANSPORTATION SYSTEM COSTS; PROVIDED, HOWEVER, THAT SUCH SCHOOL
DISTRICT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH TWO OF THIS
PARAGRAPH.
(2) A SCHOOL DISTRICT WHICH COMPUTES ITS TRANSPORTATION AID PURSUANT
TO SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL MEET THE FOLLOWING REQUIRE-
MENTS:
(I) CALCULATE ITS ALLOWABLE TRANSPORTATION EXPENSES PURSUANT TO THIS
SECTION FOR A DISTRICT OPERATED TRANSPORTATION SYSTEM FOR THE TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR. SUCH CALCULATION SHALL
BE BASED ON THAT PORTION OF THE TRANSPORTATION SYSTEM THAT IS DISTRICT
OPERATED AND PROPOSED TO BE CONTRACTED TO A QUALIFIED PUPIL TRANSPORTA-
TION CONTRACTOR;
(II) IF A SCHOOL DISTRICT PRESENTLY PROVIDES FOR TRANSPORTATION FOR
ITS PUPILS THROUGH A COMBINATION OF A DISTRICT OPERATED TRANSPORTATION
SYSTEM AND A CONTRACTOR TRANSPORTATION SYSTEM, ONLY THAT PORTION OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10531-01-3
S. 4961 2
TRANSPORTATION SYSTEM WHICH IS DISTRICT OPERATED IS ELIGIBLE FOR TREAT-
MENT UNDER THIS PARAGRAPH;
(III) ISSUE A REQUEST FOR PROPOSAL FOR SUCH DISTRICT OPERATED TRANS-
PORTATION SERVICES; AND
(IV) AWARD A CONTRACT FOR SUCH DISTRICT OPERATED TRANSPORTATION
SERVICES TO A QUALIFIED PUPIL TRANSPORTATION CONTRACTOR.
(3) NOTWITHSTANDING ANY LAW TO THE CONTRARY, A SCHOOL DISTRICT SWITCH-
ING FROM A DISTRICT OPERATED TRANSPORTATION SYSTEM TO A CONTRACTOR
TRANSPORTATION SYSTEM MAY SELL OR LEASE EQUIPMENT PURCHASED IN SUPPORT
OF THE DISTRICT OPERATED TRANSPORTATION SYSTEM AND RETAIN ANY PROCEEDS
AND AMORTIZED TRANSPORTATION AID.
(4) A SCHOOL DISTRICT SHALL BE INELIGIBLE FOR RETENTION OF TRANSPORTA-
TION AID PURSUANT TO THIS PARAGRAPH UPON EXPIRATION OF THE INITIAL
CONTRACT ENTERED INTO BETWEEN THE SCHOOL DISTRICT AND THE PUPIL TRANS-
PORTATION CONTRACTOR.
(5) A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR RETENTION OF TRANSPORTA-
TION AID PURSUANT TO THIS PARAGRAPH FOR NO MORE THAN FIVE YEARS.
S 2. This act shall take effect immediately.