Senate Bill S397

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    397
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 schools for  transpor-
   tation  for  wellness  checks, the delivery of meals and homework, and
   other activities utilizing  the  school's  transportation  network  of
   buses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3622-a of the education law is amended by adding  a
 new subdivision 8 to read as follows:
   8.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, COSTS
 ASSOCIATED WITH TRANSPORTATION FOR WELLNESS CHECKS, PRE-EXISTING  TRANS-
 PORTATION  CONTRACTS,  GENERAL  OPERATION  OF DISTRICT OWNED OR DISTRICT
 LEASED SCHOOL BUSES, THE PROVISION OF WI-FI HOTSPOTS, OR THE DELIVERY OF
 MEALS, EDUCATIONAL MATERIALS, AND ANY OTHER SCHOOL-RELATED MATERIALS FOR
 THE PERIOD THAT BEGAN WITH THE DECLARATION OF  THE  STATE  OF  EMERGENCY
 DECLARED AS A RESULT OF THE COVID-19 PANDEMIC THAT WAS EXECUTED IN EXEC-
 UTIVE  ORDER  TWO  HUNDRED TWO THAT BEGAN ON MARCH SEVENTH, TWO THOUSAND
 TWENTY. FOR THE PURPOSES OF  THIS  SECTION,  THE  GENERAL  OPERATION  OF
 SCHOOL BUSES SHALL INCLUDE: (A) SALARIES AND RETIREMENT BENEFITS RELATED
 TO TRANSPORTATION, EXCEPT SALARIES AND RETIREMENT BENEFITS FOR ASSISTANT
 DRIVERS  ON BUSES TRANSPORTING NONDISABLED PUPILS; (B) EMPLOYERS' SOCIAL
 SECURITY CONTRIBUTIONS FOR TRANSPORTATION PERSONNEL  FOR  WHOM  SALARIES
 ARE  ALLOWABLE; (C) HEALTH, LIFE AND OTHER INSURANCE PREMIUMS FOR TRANS-
 PORTATION PERSONNEL FOR WHOM SALARIES ARE ALLOWABLE;  (D)  PREMIUMS  FOR
 COLLISION  AND  OTHER  INSURANCE COVERAGE FOR SCHOOL BUSES; (E) UNIFORMS
 FOR TRANSPORTATION PERSONNEL FOR WHOM SALARIES ARE ALLOWABLE; (F)  COSTS
 INCURRED  BY  THE  EMPLOYER  FOR  QUALIFYING  CRIMINAL HISTORY, DRIVER'S
 LICENSE, OR OTHER REQUIRED TESTING ATTRIBUTABLE TO SPECIAL  REQUIREMENTS
 FOR  DRIVERS  OF SCHOOL BUSES PURSUANT TO STATE OR FEDERAL LAW INCLUDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03986-01-1

 S. 397                              2
 
 PRE-EMPLOYMENT AND RANDOM DRUG AND ALCOHOL  TESTING  AS  REQUIRED  UNDER
 SUBDIVISION  SIX OF SECTION FIVE HUNDRED NINE-G OF THE VEHICLE AND TRAF-
 FIC LAW.
   §  2.  Subparagraphs  10  and  11  of  paragraph e of subdivision 1 of
 section 3623-a of the education law, as added by chapter 474 of the laws
 of 1996, are amended and a new subparagraph  12  is  added  to  read  as
 follows:
   (10)  the  consideration  for  the  contract or contracts made for the
 purpose of providing transportation by horse-drawn vehicle or  vehicles,
 if any school district shall be required to provide such transportation;
 [and]
   (11)  other  expenses for district operated transportation systems, as
 approved pursuant to regulations of the commissioner[.]; AND
   (12) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, COSTS
 ASSOCIATED WITH TRANSPORTATION FOR WELLNESS CHECKS, PRE-EXISTING  TRANS-
 PORTATION  CONTRACTS,  GENERAL  OPERATION  OF DISTRICT OWNED OR DISTRICT
 LEASED SCHOOL BUSES, THE PROVISION OF WI-FI HOTSPOTS, OR THE DELIVERY OF
 MEALS, EDUCATIONAL MATERIALS, AND ANY OTHER SCHOOL-RELATED MATERIALS FOR
 THE PERIOD THAT BEGAN WITH THE DECLARATION OF  THE  STATE  OF  EMERGENCY
 DECLARED AS A RESULT OF THE COVID-19 PANDEMIC THAT WAS EXECUTED IN EXEC-
 UTIVE  ORDER  TWO  HUNDRED TWO THAT BEGAN ON MARCH SEVENTH, TWO THOUSAND
 TWENTY. FOR THE PURPOSES OF  THIS  SECTION,  THE  GENERAL  OPERATION  OF
 SCHOOL BUSES SHALL INCLUDE: (A) SALARIES AND RETIREMENT BENEFITS RELATED
 TO TRANSPORTATION, EXCEPT SALARIES AND RETIREMENT BENEFITS FOR ASSISTANT
 DRIVERS  ON BUSES TRANSPORTING NONDISABLED PUPILS; (B) EMPLOYERS' SOCIAL
 SECURITY CONTRIBUTIONS FOR TRANSPORTATION PERSONNEL  FOR  WHOM  SALARIES
 ARE  ALLOWABLE; (C) HEALTH, LIFE AND OTHER INSURANCE PREMIUMS FOR TRANS-
 PORTATION PERSONNEL FOR WHOM SALARIES ARE ALLOWABLE;  (D)  PREMIUMS  FOR
 COLLISION  AND  OTHER  INSURANCE COVERAGE FOR SCHOOL BUSES; (E) UNIFORMS
 FOR TRANSPORTATION PERSONNEL FOR WHOM SALARIES ARE ALLOWABLE; (F)  COSTS
 INCURRED  BY  THE  EMPLOYER  FOR  QUALIFYING  CRIMINAL HISTORY, DRIVER'S
 LICENSE, OR OTHER REQUIRED TESTING ATTRIBUTABLE TO SPECIAL  REQUIREMENTS
 FOR  DRIVERS  OF SCHOOL BUSES PURSUANT TO STATE OR FEDERAL LAW INCLUDING
 PRE-EMPLOYMENT AND RANDOM DRUG AND ALCOHOL  TESTING  AS  REQUIRED  UNDER
 SUBDIVISION  SIX OF SECTION FIVE HUNDRED NINE-G OF THE VEHICLE AND TRAF-
 FIC LAW.
   § 3. Section 3625 of the education law is  amended  by  adding  a  new
 subdivision 3-a to read as follows:
   3-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, COSTS
 INCURRED FROM TRANSPORTATION CONTRACTS IN THE FURTHERANCE OF TRANSPORTA-
 TION  FOR  WELLNESS CHECKS, THE PROVISION OF WI-FI ACCESS POINTS, OR THE
 DELIVERY OF MEALS, EDUCATIONAL MATERIALS, AND ANY  OTHER  SCHOOL-RELATED
 MATERIALS FOR THE PERIOD THAT BEGAN WITH THE DECLARATION OF THE STATE OF
 EMERGENCY  DECLARED  AS  A  RESULT  OF  THE  COVID-19  PANDEMIC THAT WAS
 EXECUTED IN EXECUTIVE ORDER TWO HUNDRED TWO THAT BEGAN ON MARCH SEVENTH,
 TWO THOUSAND TWENTY SHALL BE DEEMED ALLOWABLE EXPENSES  FOR  TRANSPORTA-
 TION CONTRACTS.
   § 4. This act shall take effect immediately.