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

                                        1368--A

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                    January 6, 2011
                                      ___________

       Introduced  by  Sens. DILAN, DIAZ, HASSELL-THOMPSON, LANZA -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Judiciary -- reported favorably from said committee  and  committed
         to  the  Committee  on  Finance -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee

       AN ACT to amend the family court act, 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.  Subdivision 3 of section 236 of the family court  act,  as
    2  amended  by  chapter  705  of  the  laws  of 1992, is amended to read as
    3  follows:
    4    3. (a) Every such order for services to be  provided  after  September
    5  first, nineteen hundred eighty-six which provides for the transportation
    6  of  a  child  shall  further  require  that such transportation shall be
    7  provided by the county or the city of New York, as the case may be, and,
    8  that the city of New York may delegate the  authority  to  provide  such
    9  transportation  to the board of education OR THE CITY SCHOOL DISTRICT of
   10  such city.
   11    (b) Such order shall further require that such transportation shall be
   12  provided within thirty days of the issuance of such order, and, shall be
   13  provided as part of a municipal cooperation agreement [or], as part of a
   14  contract awarded to the lowest responsible bidder in accordance with the
   15  provisions of section one hundred three of the general municipal law, OR
   16  AS PART OF A CONTRACT AWARDED PURSUANT TO AN EVALUATION OF PROPOSALS  TO
   17  THE  EXTENT  AUTHORIZED BY PARAGRAPHS E AND F OF SUBDIVISION FOURTEEN OF
   18  SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW AND OTHERWISE CONSISTENT
   19  WITH THE PROVISIONS OF THIS SUBDIVISION, and  that  buses  and  vehicles
   20  utilized  in  the  performance  of  such contract shall meet the minimum
   21  requirements for school age children as established by the  commissioner
   22  of  transportation.  ANY CONTRACT OR CONTRACTS FOR TRANSPORTATION PURSU-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02932-03-1

       S. 1368--A                          2

    1  ANT TO THIS SUBDIVISION APPROVED BY THE BOARD OF EDUCATION OR CHANCELLOR
    2  OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK PURSUANT TO AN EVAL-
    3  UATION OF PROPOSALS SUBMITTED IN RESPONSE  TO  A  REQUEST  FOR  PROPOSAL
    4  SHALL  INCLUDE EMPLOYEE PROTECTION PROVISIONS RATIONALLY RELATING TO THE
    5  PROMOTION OF A POOL OF QUALIFIED WORKERS  AND  THE  AVOIDANCE  OF  LABOR
    6  DISPUTES,  INCLUDING BUT NOT LIMITED TO PROVISIONS FOR THE PREFERENCE IN
    7  HIRING OF EMPLOYEES PERFORMING WORK FOR EMPLOYERS UNDER  CONTRACTS  WITH
    8  THE  BOARD OF EDUCATION OR THE CITY SCHOOL DISTRICT, THE PRESERVATION OF
    9  WAGES, BENEFITS, AND SENIORITY FOR SUCH EMPLOYEES, AND OTHER  PROVISIONS
   10  RELATING TO THE HIRING, COMPENSATION, AND RETENTION OF EMPLOYEES, IN THE
   11  REQUEST  FOR PROPOSALS FOR SUCH CONTRACT OR CONTRACTS AND IN THE AWARDED
   12  CONTRACT.
   13    S 2. This act shall take effect immediately.