senate Bill S7233A

2013-2014 Legislative Session

Relates to contracts for the transportation of children

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 print number 7233a
amend and recommit to judiciary
May 07, 2014 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

S7233 - Bill Details

See Assembly Version of this Bill:
A9499A
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §236, Fam Ct Act; amd §305, Ed L

S7233 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S7233

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: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  7233

                            I N  S E N A T E

                               May 7, 2014
                               ___________

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14970-01-4

S. 7233                             2

  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  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 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. 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 advertisement 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 advertisement 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, bien-
nial,  or  triennial  extensions of a contract nor shall the requirement
for competitive bidding apply to quadrennial or quinquennial year exten-
sions 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 transportation of pupils, for the main-
tenance  of  school  buses  or for mobile instructional units, that such
contracts may be extended, except that power is  hereby  vested  in  the

S. 7233                             3

commissioner, in addition to his existing statutory authority to approve
or disapprove transportation or maintenance 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 consum-
er price index 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; 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 consum-
ers  (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.

S7233A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9499A
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §236, Fam Ct Act; amd §305, Ed L

S7233A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S7233A

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: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7233--A

                            I N  S E N A T E

                               May 7, 2014
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14970-03-4

S. 7233--A                          2

  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

S. 7233--A                          3

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.

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