The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10458--A
 
                           I N  A S S E M B L Y
 
                               May 18, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
   read once and referred to the  Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  education  law,  in  relation  to payment under
   contracts for transportation services during a declared state of emer-
   gency

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  14  of  section  305 of the education law is
 amended by adding a new paragraph h to read as follows:
   H. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, IF  A
 SCHOOL  DISTRICT  IS  CLOSED DUE TO A PROPERLY EXECUTED DECLARATION OF A
 STATE OR LOCAL EMERGENCY PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW,
 SUCH DISTRICT SHALL CONTINUE TO MAKE PAYMENTS OF BENEFITS,  COMPENSATION
 AND  EMOLUMENTS PURSUANT TO THE TERMS OF ANY CONTRACT FOR TRANSPORTATION
 OF SCHOOL CHILDREN ENTERED INTO PURSUANT TO THIS SUBDIVISION  THAT  WERE
 IN  EFFECT  ON THE DATE OF THE CLOSURE AS IF THE SERVICES FOR SUCH BENE-
 FITS, COMPENSATION, AND EMOLUMENTS HAD BEEN  PROVIDED,  AND  AS  IF  THE
 SCHOOL  DISTRICT  HAD  REMAINED OPEN. PAYMENTS RECEIVED PURSUANT TO THIS
 PARAGRAPH BY A CONTRACTOR PROVIDING PUPIL TRANSPORTATION SERVICES  SHALL
 BE  USED TO MEET PAYROLL AND FIXED COST OBLIGATIONS OF THE CONTRACTOR. A
 SCHOOL DISTRICT SHALL MAKE  ALL  REASONABLE  EFFORTS  TO  RENEGOTIATE  A
 CONTRACT IN GOOD FAITH SUBJECT TO THIS PARAGRAPH AND MAY DIRECT CONTRAC-
 TORS  PROVIDING  PUPIL  TRANSPORTATION  SERVICES  WHO  ARE  A PARTY TO A
 CONTRACT AND RECEIVE PAYMENTS FROM THE SCHOOL DISTRICT UNDER THIS  PARA-
 GRAPH,  TO  PROVIDE  SERVICES ON BEHALF OF THE SCHOOL DISTRICT WHICH MAY
 REASONABLY BE PROVIDED AND ARE WITHIN THE GENERAL EXPERTISE  OR  SERVICE
 PROVISIONS  OF  THE  ORIGINAL CONTRACT.   NEGOTIATIONS SHALL NOT INCLUDE
 INDIRECT COSTS SUCH AS FUEL OR TOLLS. AS A CONDITION OF NEGOTIATIONS,  A
 CONTRACTOR  FOR PUPIL TRANSPORTATION SERVICES SHALL REVEAL TO THE SCHOOL
 DISTRICT WHETHER THE ENTITY HAS INSURANCE COVERAGE FOR  THE  PAYMENT  OF
 BENEFITS,  COMPENSATION,  AND  EMOLUMENTS  PURSUANT  TO  THE  TERMS OF A
 CONTRACT WITH A CONTRACTOR FOR PUPIL TRANSPORTATION SERVICES UNDER  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16213-06-0

 A. 10458--A                         2

 PARAGRAPH  FOR SERVICES WHICH OTHERWISE WOULD NOT HAVE BEEN PROVIDED HAD
 THE SCHOOL FACILITIES REMAINED OPEN.  A CONTRACTOR SHALL DIVULGE TO  ITS
 SCHOOL  DISTRICT  CUSTOMERS  ALL  GOVERNMENT  AND  PRIVATE SUBSIDIES AND
 PROGRAMS WHICH IT IS UTILIZING DURING THE STATE OF EMERGENCY TO MAINTAIN
 FINANCIAL  SOLVENCY  INCLUDING, BUT NOT LIMITED TO GOVERNMENT GRANTS AND
 LOANS, AND UNEMPLOYMENT INSURANCE FOR ITS LABOR FORCE. NOTHING  IN  THIS
 PARAGRAPH  SHALL  BE  CONSTRUED  TO  REQUIRE  A  SCHOOL DISTRICT TO MAKE
 PAYMENTS TO A PARTY IN MATERIAL BREACH OF A CONTRACT WITH  A  CONTRACTOR
 FOR PUPIL TRANSPORTATION SERVICES IF THE BREACH WAS NOT DUE TO A CLOSURE
 RESULTING  FROM  A  DECLARED  STATE OF EMERGENCY, DECLARED PUBLIC HEALTH
 EMERGENCY, OR A DIRECTIVE BY AN APPROPRIATE HEALTH AGENCY OR OFFICER.
   § 2. Notwithstanding any other provision of  this  act,  if  a  school
 district  continues  to  pay  a  school bus transportation contractor or
 operates its own school  bus  transportation,  such  district  shall  be
 eligible  for  reimbursement  from the department of education at a rate
 the school district would have received had the  pandemic  of  2020  not
 occurred,  had  the minimum instruction days requirement not been waived
 under executive order 202.4 or had the  commissioner  not  taken  action
 under subdivision 7 of section 3604 of the education law.
   §  3.  This  act  shall take effect immediately and shall apply to any
 contracts or collective bargaining agreements in effect  beginning  with
 the 2019-2020 academic year.