senate Bill S586A

Amended

Restricts the sale, lease, transfer and certain uses of existing outdoor school playgrounds

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO EDUCATION
  • 12 / Apr / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 07 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 07 / Jun / 2011
    • PRINT NUMBER 586A
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 26 / Jan / 2012
    • AMEND AND RECOMMIT TO EDUCATION
  • 26 / Jan / 2012
    • PRINT NUMBER 586B
  • 05 / Jun / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Restricts the sale, lease, transfer or use of existing outdoor school playgrounds for the construction or renovation of a school building which would eliminate use of such playground space for outdoor recreation unless an alternative plan for outdoor recreation is provided.

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Bill Details

See Assembly Version of this Bill:
A4832A
Versions:
S586
S586A
S586B
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Education Law
Laws Affected:
Amd ยง2556, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1884A, A1863A
2007-2008: S2239, A9984

Sponsor Memo

BILL NUMBER:S586A

TITLE OF BILL:
An act
to amend the education law, in relation to restricting the sale, lease,
transfer or authorization of open-air schoolhouse playgrounds for
certain uses

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to encourage the retention of adequate
outdoor playground space for New York City school children. Further,
that if existing playgrounds are sold, leased, transferred or used
for school building construction in a way that eliminates such
playground space, that the school establish a plan to secure suitable
and adequate playground space for the physical recreational needs of
such pupils.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Education Law section 2556(5) is amended to add a new
sentence to this provision to encourage the school to provide for
other types of-recreational play spaces if existing playgrounds are
subsequently used for school construction or siting of temporary
classroom unites. Under current law, Section 2556(5) requires
open-air playgrounds be attached to all schoolhouses constructed in
the city of New York. The difference between the original bill and
this amended bill is that, at: the request of the City of New York,
this provision shall not apply if playground space is lost due to
construction or reconstruction activities that last for one year or
less.

JUSTIFICATION:
This bill is based on a report by then Member of Assembly Jeffrey
Klein, Chair of the Assembly Oversight, Analysis and Investigation
Committee.
The report, "No Room In The playground", dated September, 2003, found
that there was a lack of adequate outdoor playground space in New York.
City public schools. Further that this lack of outdoor play spaces lead
to higher incidences of childhood Obesity and other unhealthy life
style choices.

The issue of preserving school playground space has grown in
importance in light of new concerns about the increasing incidence of
poor health of our school children. One of the causes of this poor
health is lack of physical activity which has engendered higher
obesity rates for children.
This increasing incidence of childhood obesity is manifesting itself in
higher rates of diabetes, asthma, high blood pressure, and other
pulmonary diseases. All of these indicators demonstrate the declining
health of our young. Many studies show that poor health and unhealthy
lifestyles established while young, leads to much poorer health
outcomes as such children enter adulthood and beyond.

This legislation ensures that when playground space is lost or
potentially lost, that the school should do its best to provide other
open air playgrounds or other alternatives. These other alternatives


should provide for suitable and adequate activities to accommodate
the physical recreational needs of such students.

In the past, sometimes, outdoor playground space was relinquished to
other school uses or the construction of Temporary Classroom Units.
While it is important to give maximum flexibility to schools to
reconfigure and adapt their physical layout to meet new demands, it
is also important the some consideration be given to the retention of
outdoor playgrounds to help to increase childhood health.

PRIOR LEGISLATIVE HISTORY:
2006: S.2698 Referred to Education
2008: S.2239 Referred to Education
2010: S.1884 Passed Senate

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on July 1, 2012.

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

                                 586--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, SAVINO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education -- 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 education law, in relation to restricting the sale,
  lease, transfer or authorization of open-air  schoolhouse  playgrounds
  for certain uses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 2556 of the  education  law,  such
section  as renumbered by chapter 762 of the laws of 1950, is amended to
read as follows:
  5. It shall be unlawful for a schoolhouse to  be  constructed  in  the
city  of  New York without an open-air playground attached to or used in
connection with the same.   EXISTING  PLAYGROUNDS  SHALL  NOT  BE  SOLD,
LEASED  OR TRANSFERRED, OR PERMANENTLY AUTHORIZED FOR OTHER USES SUCH AS
SCHOOL BUILDING CONSTRUCTION, RENOVATION, PLACEMENT OR STORAGE OF BUILD-
ING MATERIALS FOR SUCH WORK THAT WOULD ELIMINATE THE USE OF  SUCH  PLAY-
GROUND SPACE FOR OUTDOOR RECREATIONAL ACTIVITIES UNLESS A PLAN IS ESTAB-
LISHED  AND  IMPLEMENTED  TO  PROVIDE  SUITABLE  AND  ADEQUATE  PHYSICAL
ACTIVITIES OR SPACE TO ACCOMMODATE THE PHYSICAL AND  RECREATIONAL  NEEDS
OF  THE  PUPILS  OF  SUCH BUILDING.   THE PROVISIONS OF THIS SUBDIVISION
SHALL NOT APPLY TO SCHOOL CONSTRUCTION  OR  RENOVATION  ACTIVITIES  THAT
OCCUR  ON  OR  REQUIRE  THE USE OF SUCH PLAYGROUNDS FOR A DURATION OF NO
MORE THAN ONE YEAR.
  S 2. This act shall take effect July 1, 2012; provided  however,  that
the  commissioner  of education is authorized and directed to promulgate
any rules or regulations necessary for the timely implementation of this
act on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04439-02-1

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