Assembly Bill A10458A

2019-2020 Legislative Session

Relates to payments under contracts for transportation of school children

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2019-A10458 - Details

See Senate Version of this Bill:
S8262
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1501, S4653
2023-2024: S4956

2019-A10458 - Summary

Requires school districts to continue to make payments of benefits, compensation and emoluments pursuant to the terms of any contract for transportation of school children that were in effect as of the date of any school closure which is due to a declared emergency as if the services had been provided.

2019-A10458 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10458
 
                           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
 
 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
 PARAGRAPH FOR SERVICES WHICH OTHERWISE WOULD NOT HAVE BEEN PROVIDED  HAD
 THE  SCHOOL FACILITIES REMAINED OPEN. NOTHING IN THIS PARAGRAPH SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2019-A10458A (ACTIVE) - Details

See Senate Version of this Bill:
S8262
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1501, S4653
2023-2024: S4956

2019-A10458A (ACTIVE) - Summary

Requires school districts to continue to make payments of benefits, compensation and emoluments pursuant to the terms of any contract for transportation of school children that were in effect as of the date of any school closure which is due to a declared emergency as if the services had been provided.

2019-A10458A (ACTIVE) - Bill Text download pdf 

                            
 
                     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

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