S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6495
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BARCLAY,  PALMESANO,  SALKA, J. M. GIGLIO --
   Multi-Sponsored by -- M. of A. LEMONDES, MANKTELOW --  read  once  and
   referred to the Committee on Education
 
 AN  ACT  to amend the education law, in relation to the filing of trans-
   portation contracts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 3625 of the education law, as
 amended by chapter 474 of the laws  of  1996,  is  amended  to  read  as
 follows:
   2.  Filing  of transportation contracts. Every transportation contract
 shall be filed with the department within one hundred twenty days of the
 commencement of service under such contract.  THE DEPARTMENT SHALL  SEND
 WRITTEN  NOTICE  TO  DISTRICTS  THIRTY DAYS PRIOR TO THE EXPIRATION OF A
 TRANSPORTATION CONTRACT THE DEPARTMENT HAS ON FILE WHEN A DISTRICT  DOES
 NOT  HAVE  A NEW CONTRACT ON FILE. THE WRITTEN NOTICE SHALL PROVIDE THAT
 THE DISTRICT SHALL HAVE THE CONTRACT FILED WITH  THE  DEPARTMENT  WITHIN
 ONE  HUNDRED  TWENTY  DAYS  AND  SHALL PROVIDE INFORMATION REGARDING THE
 PENALTY IF THE CONTRACT IS FILED AFTER SUCH DEADLINE. No  transportation
 expense  shall  be  allowed for a period greater than one hundred twenty
 days prior to the filing of  any  contract  for  the  transportation  of
 pupils  with  the  education department.   HOWEVER, THE COMMISSIONER MAY
 ALLOW FOR THE EXPENSE OF ANY CONTRACT FOR THE TRANSPORTATION  OF  PUPILS
 WITH  THE  EDUCATION  DEPARTMENT FILED AFTER ONE HUNDRED TWENTY DAYS FOR
 GOOD CAUSE. THE DISTRICT SHALL SUBMIT A NOTICE OF LATE FILING AND REASON
 OF CAUSE IN WRITING TO THE DEPARTMENT. THE COMMISSIONER SHALL RESPOND IN
 WRITING WITHIN TEN DAYS OF RECEIVING THE NOTICE OF LATE  FILING  WITH  A
 DETERMINATION  OF  GOOD  CAUSE.  No  contract  shall be considered filed
 unless it bears an original signature of the superintendent of a  school
 district  or  the designee of the superintendent and the sole trustee or
 president of the board of education of the school district.   The  final
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02936-01-1

 A. 6495                             2
 
 approval  of  any  such contract by the commissioner shall not, however,
 obligate the state to allow transportation expense in an amount  greater
 than the amount that would be allowed under the provisions of this part.
 The state, acting through the department of audit and control, may exam-
 ine any and all accounts of the contractor in connection with a contract
 for  the transportation of pupils, and every such contract shall contain
 the following provision: "The contractor hereby consents to an audit  of
 any  and  all financial records relating to this contract by the depart-
 ment of audit and control."
   § 2. This act shall take effect immediately.