senate Bill S586B

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 reported and committed to finance
Jan 26, 2012 print number 586b
amend and recommit to education
Jan 04, 2012 referred to education
Jun 07, 2011 print number 586a
amend and recommit to finance
Apr 12, 2011 reported and committed to finance
Jan 05, 2011 referred to education

Votes

view votes

Jun 5, 2012 - Education committee Vote

S586B
13
0
committee
13
Aye
0
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Education committee vote details

Apr 12, 2011 - Education committee Vote

S586
13
0
committee
13
Aye
0
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S586 - Bill Details

See Assembly Version of this Bill:
A4832B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2556, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1884A, A1863A

S586 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S586

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.

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 playspaces 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 further increasing 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   586

                       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

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 DURING SCHOOL  CONSTRUCTION  ACTIVITIES  ON  SUCH  PLAY-
GROUNDS THAT HAVE A DURATION OF SIX MONTHS OR LESS.
  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.
                                                           LBD04439-01-1

Co-Sponsors

S586A - Bill Details

See Assembly Version of this Bill:
A4832B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2556, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1884A, A1863A

S586A - Bill Texts

view 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.

view 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 full text
download pdf
                    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

Co-Sponsors

S586B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4832B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §2556, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1884A, A1863A

S586B (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.