Senate Bill S4653

2021-2022 Legislative Session

Relates to payments under contracts for transportation of school children

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S4653 (ACTIVE) - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8262
2023-2024: S4956

2021-S4653 (ACTIVE) - Summary

Requires school districts to continue to make payments of benefits, compensation and emoluments pursuant to the terms of any contract for transportation of school children that were in effect as of the date of any school closure which is due to a declared emergency as if the services had been provided.

2021-S4653 (ACTIVE) - Sponsor Memo

2021-S4653 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4653
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 Introduced  by Sens. JACKSON, KENNEDY -- 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  payment  under
   contracts for transportation services during a declared state of emer-
   gency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 14 of section  305  of  the  education  law  is
 amended by adding a new paragraph h to read as follows:
   H.  NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, IF A
 SCHOOL DISTRICT IS CLOSED DUE TO A PROPERLY EXECUTED  DECLARATION  OF  A
 STATE OR LOCAL EMERGENCY PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW,
 SUCH  DISTRICT SHALL CONTINUE TO MAKE PAYMENTS OF BENEFITS, COMPENSATION
 AND EMOLUMENTS PURSUANT TO THE TERMS OF ANY CONTRACT FOR  TRANSPORTATION
 OF  SCHOOL  CHILDREN ENTERED INTO PURSUANT TO THIS SUBDIVISION THAT WERE
 IN EFFECT ON THE DATE OF THE CLOSURE AS IF THE SERVICES FOR  SUCH  BENE-
 FITS,  COMPENSATION,  AND  EMOLUMENTS  HAD  BEEN PROVIDED, AND AS IF THE
 SCHOOL DISTRICT HAD REMAINED OPEN. PAYMENTS RECEIVED  PURSUANT  TO  THIS
 PARAGRAPH  BY A CONTRACTOR PROVIDING PUPIL TRANSPORTATION SERVICES SHALL
 BE USED TO MEET PAYROLL AND FIXED COST OBLIGATIONS OF THE CONTRACTOR.  A
 SCHOOL  DISTRICT  SHALL  MAKE  ALL  REASONABLE  EFFORTS TO RENEGOTIATE A
 CONTRACT IN GOOD FAITH SUBJECT TO THIS PARAGRAPH AND MAY DIRECT CONTRAC-
 TORS PROVIDING PUPIL TRANSPORTATION  SERVICES  WHO  ARE  A  PARTY  TO  A
 CONTRACT  AND RECEIVE PAYMENTS FROM THE SCHOOL DISTRICT UNDER THIS PARA-
 GRAPH, TO PROVIDE SERVICES ON BEHALF OF THE SCHOOL  DISTRICT  WHICH  MAY
 REASONABLY  BE  PROVIDED AND ARE WITHIN THE GENERAL EXPERTISE OR SERVICE
 PROVISIONS OF THE ORIGINAL CONTRACT.   NEGOTIATIONS  SHALL  NOT  INCLUDE
 INDIRECT  COSTS SUCH AS FUEL OR TOLLS. AS A CONDITION OF NEGOTIATIONS, A
 CONTRACTOR FOR PUPIL TRANSPORTATION SERVICES SHALL REVEAL TO THE  SCHOOL
 DISTRICT  WHETHER  THE  ENTITY HAS INSURANCE COVERAGE FOR THE PAYMENT OF
 BENEFITS, COMPENSATION, AND  EMOLUMENTS  PURSUANT  TO  THE  TERMS  OF  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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