A09499 Summary:

BILL NOA09499A
 
SAME ASSAME AS S07233-A
 
SPONSORO'Donnell
 
COSPNSR
 
MLTSPNSRSolages
 
Amd S236, Fam Ct Act; amd S305, Ed L
 
Relates to contracts for the transportation of children in cities with a population of one million or more; all contracts shall include employee protection provisions rationally relating to the promotion of a pool of qualified workers and the avoidance of labor disputes.
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A09499 Actions:

BILL NOA09499A
 
05/05/2014referred to education
06/13/2014amend and recommit to education
06/13/2014print number 9499a
06/16/2014reported referred to ways and means
06/17/2014reported referred to rules
06/17/2014reported
06/17/2014rules report cal.408
06/17/2014ordered to third reading rules cal.408
06/18/2014passed assembly
06/18/2014delivered to senate
06/18/2014REFERRED TO RULES
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A09499 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9499--A
 
                   IN ASSEMBLY
 
                                       May 5, 2014
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  -- Multi-Sponsored by -- M. of A.
          SOLAGES -- read once and referred to the  Committee  on  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the family court act and the education law, in  relation
          to contracts for the transportation of children
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of subdivision 3 of section 236 of the family
     2  court act, as amended by chapter 424 of the laws of 2012, is amended  to
     3  read as follows:
     4    (b) Such order shall further require that such transportation shall be
     5  provided within thirty days of the issuance of such order, and, shall be
     6  provided  as  part  of  a  municipal cooperation agreement, as part of a
     7  contract awarded to the lowest responsible bidder in accordance with the
     8  provisions of section one hundred three of the general municipal law, or
     9  as part of a contract awarded pursuant to an evaluation of proposals  to
    10  the  extent  authorized by paragraphs e and f of subdivision fourteen of
    11  section three hundred five of the education law and otherwise consistent

    12  with the provisions of this subdivision, and  that  buses  and  vehicles
    13  utilized  in  the  performance  of  such contract shall meet the minimum
    14  requirements for school age children as established by the  commissioner
    15  of transportation. When, in the city of New York, the board of education
    16  or the city school district awards a contract or contracts for transpor-
    17  tation,  the  board  or  city  school  district  shall  include employee
    18  protection provisions rationally relating to the promotion of a pool  of
    19  qualified workers and the avoidance of labor disputes, including but not
    20  limited to provisions for the preference in hiring of employees perform-
    21  ing  work  for  employers under contracts with the board of education or

    22  the city school  district,  the  preservation  of  wages,  benefits  and
    23  seniority  for  such  employees,  and  other  provisions relating to the
    24  hiring, compensation, and retention of employees.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14970-02-4

        A. 9499--A                          2
 
     1    § 2. Paragraph a of subdivision 14 of section  305  of  the  education
     2  law,  as  amended by chapter 273 of the laws of 1999, is amended to read
     3  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. Provided, further, that  all  transportation
    22  contracts  for  cities  with  a  population of one million or more shall
    23  include  employee  protection  provisions  rationally  relating  to  the
    24  promotion  of  a  pool  of  qualified workers and the avoidance of labor
    25  disputes, including but not limited to provisions for the preference  in
    26  hiring  of  employees performing work for employers under contracts with
    27  the board of education or the city school district, the preservation  of

    28  wages,  benefits  and seniority for such employees, and other provisions
    29  relating to the hiring, compensation, and retention  of  employees.  All
    30  proposals  for  such  transportation,  maintenance, mobile instructional
    31  units, or cafeteria and restaurant service shall be in such form as  the
    32  commissioner  may prescribe.   Advertisement for bids shall be published
    33  in a newspaper or newspapers designated by the  board  of  education  or
    34  trustee  of  the district having general circulation within the district
    35  for such purpose. Such advertisement shall contain a  statement  of  the
    36  time  when and place where all bids received pursuant to such advertise-
    37  ment will be publicly opened and read either by the  school  authorities
    38  or by a person or persons designated by them. All bids received shall be
    39  publicly  opened  and  read at the time and place so specified. At least

    40  five days shall elapse between the first publication of such  advertise-
    41  ment  and the date so specified for the opening and reading of bids. The
    42  requirement for competitive bidding shall not apply to  an  award  of  a
    43  contract  for  the  transportation  of  pupils  or a contract for mobile
    44  instructional units,  if  such  award  is  based  on  an  evaluation  of
    45  proposals in response to a request for proposals pursuant to paragraph e
    46  of  this  subdivision. The requirement for competitive bidding shall not
    47  apply to annual, biennial, or triennial extensions  of  a  contract  nor
    48  shall  the  requirement  for competitive bidding apply to quadrennial or
    49  quinquennial year extensions of a contract involving  transportation  of
    50  pupils,  maintenance  of  school  buses  or  mobile  instructional units
    51  secured either through competitive  bidding  or  through  evaluation  of

    52  proposals in response to a request for proposals pursuant to paragraph e
    53  of  this  subdivision, when such extensions (1) are made by the board of
    54  education or the trustee of a  district,  under  rules  and  regulations
    55  prescribed  by  the  commissioner,  and,  (2) do not extend the original
    56  contract period beyond five years from the date cafeteria and restaurant

        A. 9499--A                          3
 
     1  service commenced thereunder and in the case of contracts for the trans-
     2  portation of pupils, for the maintenance of school buses or  for  mobile
     3  instructional  units,  that  such contracts may be extended, except that
     4  power  is hereby vested in the commissioner, in addition to his existing
     5  statutory authority to approve or disapprove transportation  or  mainte-
     6  nance  contracts,  (i)  to reject any extension of a contract beyond the

     7  initial term thereof if he finds that amount to be paid by the  district
     8  to  the  contractor  in  any  year  of  such proposed extension fails to
     9  reflect any decrease in the regional consumer price index for the  N.Y.,
    10  N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
    11  ers (CPI-U) during the preceding twelve month period; and (ii) to reject
    12  any extension of a contract after ten years from the date transportation
    13  or  maintenance  service  commenced  thereunder, or mobile instructional
    14  units were first provided, if in his opinion, the best interests of  the
    15  district  will  be promoted thereby. Upon such rejection of any proposed
    16  extension, the commissioner may order the board of education or  trustee
    17  of  the  district  to  seek,  obtain  and  consider bids pursuant to the
    18  provisions of this section. The board of education or the trustee  of  a

    19  school  district  electing to extend a contract as provided herein, may,
    20  in its discretion, increase the amount to be paid in each  year  of  the
    21  contract  extension  by  an  amount  not to exceed the regional consumer
    22  price index increase for the N.Y., N.Y.-Northeastern, N.J.  area,  based
    23  upon  the  index  for  all urban consumers (CPI-U), during the preceding
    24  twelve month period, provided it has been satisfactorily established  by
    25  the  contractor  that  there has been at least an equivalent increase in
    26  the amount of his cost of operation, during the period of the contract.
    27    § 3. This act shall take effect immediately.
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