NY State Senate Bill 2019-S6208

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 26, 2019	vetoed memo.285
Dec 24, 2019	delivered to governor
Jun 17, 2019	returned to senate passed assembly
Jun 06, 2019	ordered to third reading cal.572 substituted for a7749
May 30, 2019	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1018 committee discharged and committed to rules reported and committed to education
May 23, 2019	referred to new york city education

Votes

- May 30, 2019 - Floor Vote
  S6208
  
  57
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2019
      
      aye (57)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (1)
      
      Jacobs
      
      excused (4)
      
      Funke
      
      Kavanagh
      
      LaValle
      
      Sepúlveda
  May 30, 2019 - Rules Committee Vote
  S6208
  
  16
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 30, 2019
      
      aye (16)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      aye wr (2)
      
      Griffo
      
      Lanza
      
      excused (1)
      
      LaValle
  May 30, 2019 - New York City Education Committee Vote
  S6208
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - New York City Education Committee Vote: May 30, 2019
      
      aye (7)
      
      Bailey
      
      Gounardes
      
      Jackson
      
      Lanza
      
      Little
      
      Liu
      
      Montgomery

co-Sponsors

2019-S6208 (ACTIVE) - Details

See Assembly Version of this Bill:: A7749
Law Section:: Education Law
Laws Affected:: Amd §§305 & 3623-a, Ed L

2019-S6208 (ACTIVE) - Summary

Requires contracts for the transportation of school children in a city of at least one million inhabitants to contain provisions for the retention or preference in hiring of school bus workers.

2019-S6208 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6208

SPONSOR: JACKSON
 
TITLE OF BILL:  An act to amend the education law, in relation to
contracts for the transportation of school children

 
SUMMARY OF PROVISIONS:

Section one of this bill amends paragraph a of subdivision 14 of section
305 of the Education Law to require the New York City Department of
Education (NYC DOE) to include in its solicitation for contracts for
school bus transportation for children in grades kindergarten through 12
("school bus contracts") provisions for the retention or preference in
hiring and the preservation of wages, health, welfare and retirement
benefits and seniority of employees who perform or performed work for
employers party to such contracts, in connection with such contracts.
This section would also require the NYC DOE to report annually to the
Division of the Budget, the Senate Finance Committee, and the Assembly
Ways and Means Committee on the results of incorporating these
provisions in school bus contracts and to explain any increases in the
costs of such contracts.

Section two of this bill amends subdivision 1 of section 3623-a of the
Education Law to provide that the amount of the City's student transpor-
tation expenses that are eligible for State reimbursement shall be
reduced by the cost, for certain school bus contracts, of the provisions
required by section one of this bill for a period of five years.

Section three would require that this bill take effect immediately.

 
REASONS FOR SUPPORT:

For three decades beginning in 1979, following a school bus strike, NYC
DOE's school bus contracts included employee protection provisions
(EPPs) requiring school transportation contractors, among other things,
to give priority in hiring to employees who became unemployed because of
their employers' loss of NYC DOE bus contract work and to pay such
employees the same wages and benefits they had received prior to becom-
ing unemployed.

Following the 2011 decision by the New York State Court of Appeals in
L&M Bus Corp., et al., v. the New York City Department of Education, et
al., NYC DOE did not include EPPs or similar provisions in solicitations
for its school bus contracts, which had included such provisions for
over 30 years. After the issuance of the first such post-L&M solicita-
tion, there was a school bus strike in January and February of 2013.

In 2017, following continued labor unrest, large pension withdrawal
liability assessments, a shortage of qualified bus drivers and other
adverse developments subsequent to the first post-L&M solicitation, the
DOE issued a new solicitation for school bus contracts that included
provisions similar to EPPs. Based on an interpretation of state procure-
ment statutes, state courts have ruled that the DOE could not proceed
with that new solicitation with those provisions. This proposal would
obviate any future disputes over state procurement statutes governing
the inclusion of EPPs and similar provisions in DOE's school bus
contracts.


This proposal would require NYC DOE to include provisions relating to
the retention or preference in hiring, the preservation of wages,
health, welfare and retirement benefits, and seniority of employees who
perform or performed work for employers party to NYC DOE's school bus
contracts in solicitations for such contracts.

This legislation will ensure that NYC DOE's future school bus contracts
will include provisions designed to avoid service disruption and pension
withdrawal liability claims, while protecting the experienced school bus
contract workforce from drastic wage and benefit reductions and facili-
tating the retention of an experienced workforce.  Accordingly, the
Mayor urges the earliest possible favorable consideration of this
proposal by the Legislature.

2019-S6208 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6208
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2019
                                ___________
 
 Introduced  by Sens. JACKSON, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee on New York City  Educa-
   tion
 
 AN  ACT  to  amend  the  education law, in relation to contracts for the
   transportation of school children
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph a of subdivision 14 of section 305 of the educa-
 tion law, as amended by chapter 273 of the laws of 1999, is  amended  to
 read as follows:
   a.  (1)  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. All proposals for such transportation, main-
 tenance, 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

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

                                                            LBD11915-03-9

 S. 6208                             2
 
 the board of education or trustee of the district having general  circu-
 lation  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, biennial, or trienni-
 al  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  exten-
 sions  [(1)]  (I) are made by the board of education or the trustee of a
 district, under rules and regulations prescribed  by  the  commissioner,
 and,  [(2)]  (II) do not extend the original contract period beyond five
 years from the date cafeteria and restaurant  service  commenced  there-
 under and in the case of contracts for the transportation 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 maintenance contracts, [(i)] (A)
 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 consumers  (CPI-U)  during  the
 preceding twelve month period; and [(ii)] (B) 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 contrac-
 tor that there has been at least an equivalent increase in the amount of
 his cost of operation, during the period of the contract.
   (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, THE BOARD
 OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH  AT  LEAST  ONE
 MILLION INHABITANTS SHALL INCLUDE IN CONTRACTS FOR THE TRANSPORTATION OF
 SCHOOL  CHILDREN  IN  KINDERGARTEN THROUGH GRADE TWELVE, WHETHER AWARDED
 THROUGH COMPETITIVE  BIDDING  OR  THROUGH  EVALUATION  OF  PROPOSALS  IN
 RESPONSE  TO  A  REQUEST  FOR  PROPOSALS PURSUANT TO PARAGRAPH E OF THIS

 S. 6208                             3
 
 SUBDIVISION, PROVISIONS FOR THE RETENTION OR  PREFERENCE  IN  HIRING  OF
 SCHOOL  BUS  WORKERS  AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE
 AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL  BUS  WORKERS  WHO  ARE
 HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING,
 IN  CONNECTION WITH SUCH CONTRACTS AND THE COST OF SUCH PROVISIONS SHALL
 BE IDENTIFIED IN CONTRACTS AWARDED PURSUANT TO THIS SUBPARAGRAPH.    FOR
 PURPOSES  OF  THIS  SUBPARAGRAPH,  "CONTRACTS  FOR THE TRANSPORTATION OF
 SCHOOL CHILDREN" SHALL MEAN CONTRACTS FOR THE TRANSPORTATION  OF  PUPILS
 ATTENDING SCHOOL IN SUCH CITY SCHOOL DISTRICT UNDER WHICH TRANSPORTATION
 SERVICES  ARE  PERFORMED  BY SCHOOL BUS WORKERS; AND "SCHOOL BUS WORKER"
 SHALL MEAN AN OPERATOR, MECHANIC, DISPATCHER OR ATTENDANT WHO:  (I)  WAS
 EMPLOYED AS OF JUNE THIRTIETH, TWO THOUSAND TEN OR AT ANY TIME THEREAFT-
 ER  BY (A) A CONTRACTOR THAT WAS A PARTY TO A CONTRACT WITH THE BOARD OF
 EDUCATION OF A SCHOOL DISTRICT LOCATED IN  A  CITY  WITH  AT  LEAST  ONE
 MILLION INHABITANTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDER-
 GARTEN  THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, OR (B) A
 SUBCONTRACTOR OF A CONTRACTOR THAT WAS A PARTY TO A  CONTRACT  WITH  THE
 BOARD  OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST
 ONE MILLION INHABITANTS FOR THE TRANSPORTATION  OF  SCHOOL  CHILDREN  IN
 KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, AND
 (II)  HAS  BEEN FURLOUGHED OR BECOME UNEMPLOYED AS A RESULT OF A LOSS OF
 SUCH CONTRACT, OR A PART OF SUCH CONTRACT, BY SUCH  CONTRACTOR  OR  SUCH
 SUBCONTRACTOR, OR AS A RESULT OF A REDUCTION IN SERVICE DIRECTED BY SUCH
 BOARD OF EDUCATION DURING THE TERM OF SUCH CONTRACT.
   (3)  BY  JULY  THIRTIETH, TWO THOUSAND TWENTY AND ANNUALLY THEREAFTER,
 THE BOARD OF EDUCATION LOCATED IN A  CITY  WITH  AT  LEAST  ONE  MILLION
 INHABITANTS  SHALL REPORT TO THE DIRECTOR OF THE DIVISION OF THE BUDGET,
 THE SECRETARY TO THE SENATE FINANCE COMMITTEE, AND THE SECRETARY TO  THE
 ASSEMBLY  WAYS  AND  MEANS  COMMITTEE  ON  ANY COMPETITIVE SOLICITATION,
 ISSUED AFTER APRIL FIRST, TWO THOUSAND NINETEEN, UNDERTAKEN FOR THE  TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER RELAT-
 ING TO CONTRACTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDERGAR-
 TEN  THROUGH GRADE TWELVE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH
 THAT CONTAIN PROVISIONS FOR THE RETENTION OR  PREFERENCE  IN  HIRING  OF
 SCHOOL  BUS  WORKERS  AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE
 AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL  BUS  WORKERS  WHO  ARE
 HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING,
 IN CONNECTION WITH SUCH CONTRACTS. SUCH REPORT SHALL ADDRESS THE RESULTS
 OF  RETENTION  OR PREFERENCE IN HIRING OF SCHOOL BUS WORKERS AND FOR THE
 PRESERVATION OF WAGES,  HEALTH,  WELFARE  AND  RETIREMENT  BENEFITS  AND
 SENIORITY  FOR SCHOOL BUS WORKERS ASSOCIATED WITH THE CONTRACTS CONTAIN-
 ING SUCH PROVISIONS, A LISTING OF OTHER  PROVISIONS  CONTAINED  IN  SUCH
 CONTRACTS,  AND  THE AVERAGE INCREASE IN COST OF SUCH CONTRACTS, IF ANY,
 AND A DETAILED EXPLANATION FOR SUCH INCREASES.
   § 2. Subdivision 1 of section 3623-a of the education law  is  amended
 by adding a new paragraph g to read as follows:
   G.  NOTWITHSTANDING ANY PROVISION IN THIS SUBDIVISION TO THE CONTRARY,
 FOR A BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT  LOCATED  IN  A  CITY
 WITH  AT  LEAST ONE MILLION INHABITANTS, EXPENDITURES SOLELY FOR SUBSTI-
 TUTE CONTRACTS ELIGIBLE FOR AID PURSUANT TO SUBDIVISION SEVEN OF SECTION
 THIRTY-SIX HUNDRED TWO  OF  THIS  ARTICLE  SHALL  BE  REDUCED,  FOR  THE
 ORIGINAL TERM OF SUCH SUBSTITUTE CONTRACTS, BY THE COSTS ATTRIBUTABLE TO
 PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF SCHOOL BUS WORK-
 ERS  AND  FOR  THE PRESERVATION OF WAGES, HEALTH, WELFARE AND RETIREMENT
 BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE HIRED PURSUANT  TO
 SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING IN CONNECTION WITH

 S. 6208                             4
 
 SUCH  SUBSTITUTE  CONTRACTS,  AS  SUCH  COSTS ARE IDENTIFIED PURSUANT TO
 SUBPARAGRAPH TWO OF PARAGRAPH A OF SUBDIVISION FOURTEEN OF SECTION THREE
 HUNDRED FIVE OF THIS CHAPTER, AS SUCH IDENTIFIED COSTS MAY  BE  ADJUSTED
 PURSUANT  TO  SUCH SUBSTITUTE CONTRACTS. SUCH IDENTIFIED COSTS SHALL NOT
 INCLUDE ANY COSTS ATTRIBUTABLE TO WAGES OR BENEFITS, OR TO ANY  INCREASE
 IN  WAGES OR BENEFITS, OTHER THAN SUCH INCREMENTAL COSTS ATTRIBUTABLE TO
 PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF SCHOOL BUS WORK-
 ERS AND FOR THE _PRESERVATION OF WAGES, HEALTH, WELFARE  AND  RETIREMENT
 BENEFITS  AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE HIRED PURSUANT TO
 SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING IN CONNECTION WITH
 SUCH SUBSTITUTE CONTRACTS. FOR THE PURPOSES OF THIS PARAGRAPH:  "SUBSTI-
 TUTE  CONTRACTS"  SHALL  MEAN  CONTRACTS FOR TRANSPORTATION SERVICES FOR
 STUDENTS WITH  DISABILITIES  AND  THEIR  NON-DISABLED  PEERS,  PROCURED,
 PURSUANT  TO  A  COMPETITIVE  SOLICITATION ISSUED AFTER APRIL FIRST, TWO
 THOUSAND NINETEEN, FOR THE PURPOSE OF REPLACING  EXPIRED  OR  TERMINATED
 CONTRACTS  WHICH  HAD  BEEN  AWARDED PURSUANT TO REQUEST FOR BIDS NUMBER
 B2192 OR B2321;  "CONTRACTS  FOR  TRANSPORTATION  SERVICES"  SHALL  MEAN
 CONTRACTS FOR THE TRANSPORTATION OF PUPILS ATTENDING SCHOOL IN SUCH CITY
 SCHOOL  DISTRICT  UNDER  WHICH  TRANSPORTATION SERVICES ARE PERFORMED BY
 SCHOOL BUS WORKERS; AND "ORIGINAL TERM" SHALL MEAN THE INITIAL  TERM  OF
 THE  SUBSTITUTE CONTRACT, OR THE INITIAL TERM OF THE SUBSTITUTE CONTRACT
 PLUS THE INITIAL TERM OF ANY ADDITIONAL SUBSEQUENT SUBSTITUTE CONTRACTS,
 PROVIDED THAT THE INITIAL  TERM  OF  ANY  SUBSTITUTE  CONTRACT  AND  THE
 INITIAL  TERM  OF  ANY  SUBSEQUENT  SUBSTITUTE  CONTRACTS, IF ANY, SHALL
 EQUAL, FOR PURPOSES OF THIS PARAGRAPH, A CUMULATIVE TOTAL OF FIVE YEARS.
   § 3. This act shall take effect immediately.

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Senate Bill S6208

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

May 30, 2019 - Floor Vote

Floor Vote: May 30, 2019

May 30, 2019 - Rules Committee Vote

Rules Committee Vote: May 30, 2019

May 30, 2019 - New York City Education Committee Vote

New York City Education Committee Vote: May 30, 2019

co-Sponsors

2019-S6208 (ACTIVE) - Details

2019-S6208 (ACTIVE) - Summary

2019-S6208 (ACTIVE) - Sponsor Memo

2019-S6208 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6208

Share this bill

Sponsored By

Robert Jackson

Archive: Last Bill Status - Vetoed by Governor

co-Sponsors

John C. Liu

Alessandra Biaggi

2019-S6208 (ACTIVE) - Details

2019-S6208 (ACTIVE) - Summary

2019-S6208 (ACTIVE) - Sponsor Memo

2019-S6208 (ACTIVE) - Bill Text download pdf

Comments