Bill Text: NY S00397 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that in addition to providing students transportation to and from school, schools shall receive reimbursement for pre-existing bus contracts, transportation for wellness checks, the delivery of meals and homework, and other activities utilizing the school's transportation network of buses; clarifies that these activities shall qualify as operating expenses; makes related provisions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S00397 Detail]
Download: New_York-2021-S00397-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 397 2021-2022 Regular Sessions IN SENATE (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: 1 Section 1. Section 3622-a of the education law is amended by adding a 2 new subdivision 8 to read as follows: 3 8. Notwithstanding any other provision of law to the contrary, costs 4 associated with transportation for wellness checks, pre-existing trans- 5 portation contracts, general operation of district owned or district 6 leased school buses, the provision of Wi-Fi hotspots, or the delivery of 7 meals, educational materials, and any other school-related materials for 8 the period that began with the declaration of the state of emergency 9 declared as a result of the COVID-19 pandemic that was executed in exec- 10 utive order two hundred two that began on March seventh, two thousand 11 twenty. For the purposes of this section, the general operation of 12 school buses shall include: (a) salaries and retirement benefits related 13 to transportation, except salaries and retirement benefits for assistant 14 drivers on buses transporting nondisabled pupils; (b) employers' social 15 security contributions for transportation personnel for whom salaries 16 are allowable; (c) health, life and other insurance premiums for trans- 17 portation personnel for whom salaries are allowable; (d) premiums for 18 collision and other insurance coverage for school buses; (e) uniforms 19 for transportation personnel for whom salaries are allowable; (f) costs 20 incurred by the employer for qualifying criminal history, driver's 21 license, or other required testing attributable to special requirements 22 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. LBD03986-01-1S. 397 2 1 pre-employment and random drug and alcohol testing as required under 2 subdivision six of section five hundred nine-g of the vehicle and traf- 3 fic law. 4 § 2. Subparagraphs 10 and 11 of paragraph e of subdivision 1 of 5 section 3623-a of the education law, as added by chapter 474 of the laws 6 of 1996, are amended and a new subparagraph 12 is added to read as 7 follows: 8 (10) the consideration for the contract or contracts made for the 9 purpose of providing transportation by horse-drawn vehicle or vehicles, 10 if any school district shall be required to provide such transportation; 11 [and] 12 (11) other expenses for district operated transportation systems, as 13 approved pursuant to regulations of the commissioner[.]; and 14 (12) notwithstanding any other provision of law to the contrary, costs 15 associated with transportation for wellness checks, pre-existing trans- 16 portation contracts, general operation of district owned or district 17 leased school buses, the provision of Wi-Fi hotspots, or the delivery of 18 meals, educational materials, and any other school-related materials for 19 the period that began with the declaration of the state of emergency 20 declared as a result of the COVID-19 pandemic that was executed in exec- 21 utive order two hundred two that began on March seventh, two thousand 22 twenty. For the purposes of this section, the general operation of 23 school buses shall include: (a) salaries and retirement benefits related 24 to transportation, except salaries and retirement benefits for assistant 25 drivers on buses transporting nondisabled pupils; (b) employers' social 26 security contributions for transportation personnel for whom salaries 27 are allowable; (c) health, life and other insurance premiums for trans- 28 portation personnel for whom salaries are allowable; (d) premiums for 29 collision and other insurance coverage for school buses; (e) uniforms 30 for transportation personnel for whom salaries are allowable; (f) costs 31 incurred by the employer for qualifying criminal history, driver's 32 license, or other required testing attributable to special requirements 33 for drivers of school buses pursuant to state or federal law including 34 pre-employment and random drug and alcohol testing as required under 35 subdivision six of section five hundred nine-g of the vehicle and traf- 36 fic law. 37 § 3. Section 3625 of the education law is amended by adding a new 38 subdivision 3-a to read as follows: 39 3-a. Notwithstanding any other provision of law to the contrary, costs 40 incurred from transportation contracts in the furtherance of transporta- 41 tion for wellness checks, the provision of Wi-Fi access points, or the 42 delivery of meals, educational materials, and any other school-related 43 materials for the period that began with the declaration of the state of 44 emergency declared as a result of the COVID-19 pandemic that was 45 executed in executive order two hundred two that began on March seventh, 46 two thousand twenty shall be deemed allowable expenses for transporta- 47 tion contracts. 48 § 4. This act shall take effect immediately.
