S05069 Summary:

BILL NO    S05069A

SAME AS    SAME AS A07833-A

SPONSOR    FLANAGAN

COSPNSR    

MLTSPNSR   

Amd S305, Ed L

Relates to transportation contract pricing benchmarks.
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S05069 Actions:

BILL NO    S05069A

04/29/2015 REFERRED TO EDUCATION
05/28/2015 AMEND AND RECOMMIT TO EDUCATION
05/28/2015 PRINT NUMBER 5069A
06/18/2015 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/18/2015 ORDERED TO THIRD READING CAL.1826
06/18/2015 PASSED SENATE
06/18/2015 DELIVERED TO ASSEMBLY
06/18/2015 referred to education
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S05069 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        5069--A

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                    April 29, 2015
                                      ___________

       Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
         printed to be committed 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 transportation
         contract pricing benchmarks

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Paragraph a of subdivision 14 of section 305 of the educa-
    2  tion law, as amended by chapter 273 of the laws of 1999, is  amended  to
    3  read as follows:
    4    a.  All  contracts  for  the  transportation  of  school children, all
    5  contracts to maintain school buses owned or leased by a school  district
    6  that  are  used for the transportation of school children, all contracts
    7  for mobile instructional units, and all contracts to  provide,  maintain
    8  and  operate  cafeteria  or restaurant service by a private food service
    9  management company shall be subject to the approval of the commissioner,
   10  who may disapprove a proposed contract if,  in  his  opinion,  the  best
   11  interests  of  the district will be promoted thereby. Except as provided
   12  in paragraph e of this subdivision,  all  such  contracts  involving  an
   13  annual  expenditure  in  excess  of  the  amount  specified for purchase
   14  contracts in the bidding requirements of the general municipal law shall
   15  be awarded to the lowest responsible bidder, which responsibility  shall
   16  be  determined  by  the board of education or the trustee of a district,
   17  with power hereby vested in the commissioner to reject any or  all  bids
   18  if,  in his opinion, the best interests of the district will be promoted
   19  thereby and, upon such rejection of all  bids,  the  commissioner  shall
   20  order  the board of education or trustee of the district to seek, obtain
   21  and consider new proposals. All proposals for such transportation, main-
   22  tenance, mobile instructional units, or cafeteria and restaurant service
   23  shall be in such form as the commissioner may prescribe.   Advertisement

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10726-02-5
       S. 5069--A                          2

    1  for  bids  shall be published in a newspaper or newspapers designated by
    2  the board of education or trustee of the district having general  circu-
    3  lation  within  the  district for such purpose. Such advertisement shall
    4  contain  a  statement of the time when and place where all bids received
    5  pursuant to such advertisement will be publicly opened and  read  either
    6  by  the school authorities or by a person or persons designated by them.
    7  All bids received shall be publicly opened and  read  at  the  time  and
    8  place  so  specified.  At least five days shall elapse between the first
    9  publication of such advertisement and the  date  so  specified  for  the
   10  opening  and  reading  of  bids. The requirement for competitive bidding
   11  shall not apply to an award of a  contract  for  the  transportation  of
   12  pupils  or  a  contract for mobile instructional units, if such award is
   13  based on an evaluation  of  proposals  in  response  to  a  request  for
   14  proposals  pursuant  to paragraph e of this subdivision. The requirement
   15  for competitive bidding shall not apply to annual, biennial, or trienni-
   16  al extensions of a contract nor shall the  requirement  for  competitive
   17  bidding  apply  to  quadrennial  or  quinquennial  year  extensions of a
   18  contract involving transportation of pupils, maintenance of school buses
   19  or mobile instructional units secured either through competitive bidding
   20  or through  evaluation  of  proposals  in  response  to  a  request  for
   21  proposals  pursuant to paragraph e of this subdivision, when such exten-
   22  sions (1) are made by the  board  of  education  or  the  trustee  of  a
   23  district,  under  rules  and regulations prescribed by the commissioner,
   24  and, (2) do not extend the original contract period  beyond  five  years
   25  from  the date cafeteria and restaurant service commenced thereunder and
   26  in the case of contracts for the transportation of pupils, for the main-
   27  tenance of school buses or for mobile  instructional  units,  that  such
   28  contracts  may  be  extended,  except that power is hereby vested in the
   29  commissioner, in addition to his existing statutory authority to approve
   30  or disapprove transportation or maintenance contracts, (i) to reject any
   31  extension of a contract beyond the initial term thereof if he finds that
   32  amount to be paid by the district to the contractor in any year of  such
   33  proposed extension fails to reflect any decrease in the regional consum-
   34  er  price  index  for the N.Y., N.Y.-Northeastern, N.J. area, based upon
   35  the index for all urban consumers (CPI-U) during  the  preceding  twelve
   36  month  period  OR,  IN  THE  CASE OF CONTRACTS FOR THE TRANSPORTATION OF
   37  SCHOOL CHILDREN, THE AVERAGE OF THE PREVIOUS TEN YEARS OF  THE  REGIONAL
   38  CONSUMER  PRICE  INDEX  INCREASES  FOR THE N.Y., N.Y.-NORTHEASTERN, N.J.
   39  AREA, BASED UPON THE INDEX FOR ALL URBAN CONSUMERS (CPI-U); and (ii)  to
   40  reject  any extension of a contract after ten years from the date trans-
   41  portation  or  maintenance  service  commenced  thereunder,  or   mobile
   42  instructional  units  were  first  provided, if in his opinion, the best
   43  interests of the district will be promoted thereby. Upon such  rejection
   44  of  any  proposed  extension,  the  commissioner  may order the board of
   45  education or trustee of the district to seek, obtain and  consider  bids
   46  pursuant  to  the  provisions of this section. The board of education or
   47  the trustee of a school  district  electing  to  extend  a  contract  as
   48  provided  herein, may, in its discretion, increase the amount to be paid
   49  in each year of the contract extension by an amount not  to  exceed  the
   50  regional  consumer price index increase for the N.Y., N.Y.-Northeastern,
   51  N.J. area, based upon the index for all urban consumers (CPI-U),  during
   52  the  preceding  twelve month period OR, IN THE CASE OF CONTRACTS FOR THE
   53  TRANSPORTATION OF SCHOOL CHILDREN, THE AVERAGE OF THE PREVIOUS TEN YEARS
   54  OF  THE  REGIONAL  CONSUMER  PRICE  INDEX  INCREASES   FOR   THE   N.Y.,
   55  N.Y.-NORTHEASTERN,  N.J.    AREA,  BASED  UPON  THE  INDEX FOR ALL URBAN
   56  CONSUMERS (CPI-U), provided it has been  satisfactorily  established  by
       S. 5069--A                          3

    1  the  contractor  that  there has been at least an equivalent increase in
    2  the amount of his cost of operation, during the period of the contract.
    3    S 2. This act shall take effect immediately.
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