senate Bill S8262B

2019-2020 Legislative Session

Relates to payments under contracts for transportation of school children

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Education Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 21, 2020 print number 8262b
Aug 21, 2020 amend and recommit to education
Aug 05, 2020 print number 8262a
Aug 05, 2020 amend and recommit to education
May 01, 2020 referred to education

Co-Sponsors

S8262 - Details

See Assembly Version of this Bill:
A10458
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

S8262 - 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.

S8262 - Sponsor Memo

S8262 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8262
 
                             I N  S E N A T E
 
                                May 1, 2020
                                ___________
 
 Introduced by Sens. MARTINEZ, KENNEDY -- 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 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

Co-Sponsors

S8262A - Details

See Assembly Version of this Bill:
A10458
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

S8262A - 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.

S8262A - Sponsor Memo

S8262A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8262--A
 
                             I N  S E N A T E
 
                                May 1, 2020
                                ___________
 
 Introduced by Sens. MARTINEZ, JACKSON, KENNEDY -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Educa-
   tion -- 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

Co-Sponsors

S8262B (ACTIVE) - Details

See Assembly Version of this Bill:
A10458
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

S8262B (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.

S8262B (ACTIVE) - Sponsor Memo

S8262B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8262--B
 
                             I N  S E N A T E
 
                                May 1, 2020
                                ___________
 
 Introduced by Sens. MARTINEZ, JACKSON, KENNEDY -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Educa-
   tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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