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A04591 Summary:

BILL NOA04591
 
SAME ASNo Same As
 
SPONSORCurran
 
COSPNSR
 
MLTSPNSR
 
Amd 305, Ed L
 
Amends provisions governing calculation of increases permitted in annual extensions of transportation contracts for school districts.
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A04591 Actions:

BILL NOA04591
 
02/03/2017referred to education
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A04591 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4591
 
SPONSOR: Curran
  TITLE OF BILL: An act to amend the education law, in relation to the annual extensions of transportation contracts for school districts   PURPOSE OR GENERAL IDEA OF BILL: Requires boards of educations or trustees of a school district, when electing to extend a transportation contract and increase the amount to be paid in each year of the contract extension, to base such rates on a January to January CPI-U.   SUMMARY OF PROVISIONS: Section 1 amends Section 305(14)(a) of the Education Law by requiring boards of education or the trustees of a school district who are elect- ing to extend a transportation contract to calculate the increase in the amount to be paid in each year of the contract extension by an amount based upon the CPI-U during the twelve month period ending on December 31st immediately preceding the commencement of the contract extension. Section 2 provides the effective date.   JUSTIFICATION: Currently, when school transportation contracts are extended to another year, the amount of increase is based upon the CPI-U from the preceding year, which is a June to June schedule. By changing the schedule to be based off a CPI-U from January to January, school districts would know in advance of the yearly budget deadline the exact, cost of the current transportation contract in the next fiscal year.   PRIOR LEGISLATIVE HISTORY: 2015-2016: Referred to education.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately.
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A04591 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4591
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2017
                                       ___________
 
        Introduced by M. of A. CURRAN -- read once and referred to the Committee
          on Education
 
        AN  ACT to amend the education law, in relation to the annual extensions
          of transportation contracts for school districts
 
          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
    24  for  bids  shall be published in a newspaper or newspapers designated by
    25  the board of education or trustee of the district having general  circu-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08562-01-7

        A. 4591                             2
 
     1  lation  within  the  district for such purpose. Such advertisement shall
     2  contain a statement of the time when and place where all  bids  received
     3  pursuant  to  such advertisement will be publicly opened and read either
     4  by  the school authorities or by a person or persons designated by them.
     5  All bids received shall be publicly opened and  read  at  the  time  and
     6  place  so  specified.  At least five days shall elapse between the first
     7  publication of such advertisement and the  date  so  specified  for  the
     8  opening  and  reading  of  bids. The requirement for competitive bidding
     9  shall not apply to an award of a  contract  for  the  transportation  of
    10  pupils  or  a  contract for mobile instructional units, if such award is
    11  based on an evaluation  of  proposals  in  response  to  a  request  for
    12  proposals  pursuant  to paragraph e of this subdivision. The requirement
    13  for competitive bidding shall not apply to annual, biennial, or trienni-
    14  al extensions of a contract nor shall the  requirement  for  competitive
    15  bidding  apply  to  quadrennial  or  quinquennial  year  extensions of a
    16  contract involving transportation of pupils, maintenance of school buses
    17  or mobile instructional units secured either through competitive bidding
    18  or through  evaluation  of  proposals  in  response  to  a  request  for
    19  proposals  pursuant to paragraph e of this subdivision, when such exten-
    20  sions (1) are made by the  board  of  education  or  the  trustee  of  a
    21  district,  under  rules  and regulations prescribed by the commissioner,
    22  and, (2) do not extend the original contract period  beyond  five  years
    23  from  the date cafeteria and restaurant service commenced thereunder and
    24  in the case of contracts for the transportation of pupils, for the main-
    25  tenance of school buses or for mobile  instructional  units,  that  such
    26  contracts  may  be  extended,  except that power is hereby vested in the
    27  commissioner, in addition to his existing statutory authority to approve
    28  or disapprove transportation or maintenance contracts, (i) to reject any
    29  extension of a contract beyond the initial term thereof if he finds that
    30  amount to be paid by the district to the contractor in any year of  such
    31  proposed extension fails to reflect any decrease in the regional consum-
    32  er  price  index  for the N.Y., N.Y.-Northeastern, N.J. area, based upon
    33  the index for all urban consumers (CPI-U) during  the  preceding  twelve
    34  month  period;  and (ii) to reject any extension of a contract after ten
    35  years from the date  transportation  or  maintenance  service  commenced
    36  thereunder, or mobile instructional units were first provided, if in his
    37  opinion,  the  best  interests of the district will be promoted thereby.
    38  Upon such rejection of any  proposed  extension,  the  commissioner  may
    39  order  the board of education or trustee of the district to seek, obtain
    40  and consider bids pursuant to the provisions of this section. The  board
    41  of  education  or  the trustee of a school district electing to extend a
    42  contract as provided herein, may, in its discretion, increase the amount
    43  to be paid in each year of the contract extension by an  amount  not  to
    44  exceed  the  regional  consumer  price  index  increase  for  the  N.Y.,
    45  N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
    46  ers (CPI-U), during the [preceding] twelve month period ending on Decem-
    47  ber thirty-first immediately preceding the commencement of the  contract
    48  extension,  provided  it  has  been  satisfactorily  established  by the
    49  contractor that there has been at least an equivalent  increase  in  the
    50  amount of his cost of operation, during the period of the contract.
    51    § 2. This act shall take effect immediately.
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