senate Bill S586B

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

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Sponsor

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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:
A4832B
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

Votes

13
0
13
Aye
0
Nay
4
aye with reservations
0
absent
1
excused
0
abstained
show Education committee vote details

Sponsor Memo

BILL NUMBER:S586B

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 units. 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, 2013.

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

                                 586--B

                       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  --  recommitted to the
  Committee on Education in accordance with Senate Rule  6,  sec.  8  --
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04439-04-2

S. 586--B                           2

  S  2.  This act shall take effect July 1, 2013; 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.

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