senate Bill S7227B

Signed By Governor
2013-2014 Legislative Session

Relates to the leasing of real property by boards of cooperative educational services

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Archive: Last Bill Status Via A9570 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2014 signed chap.374
Sep 11, 2014 delivered to governor
Jun 19, 2014 returned to assembly
passed senate
3rd reading cal.1034
substituted for s7227b
Jun 19, 2014 substituted by a9570b
Jun 16, 2014 amended on third reading 7227b
Jun 09, 2014 amended on third reading (t) 7227a
Jun 03, 2014 advanced to third reading
Jun 02, 2014 2nd report cal.
May 29, 2014 1st report cal.1034
May 06, 2014 referred to education

Votes

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Bill Amendments

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

S7227 - Bill Details

See Assembly Version of this Bill:
A9570B
Law Section:
Education Law
Laws Affected:
Amd §1950, Ed L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A7197, A9570B, S1190
2011-2012: S7016

S7227 - Bill Texts

view summary

Relates to the leasing of real property by boards of cooperative educational services; requires disclosure of conflicts of interest by any member of the board of education, officer or employee of a board of cooperative educational services.

view sponsor memo
BILL NUMBER:S7227

TITLE OF BILL: An act to amend the education law, in relation to the
leasing of real property by boards of cooperative educational services

PURPOSE:

This bill allows boards of cooperative educational services to enter
into leases not to exceed twenty years.

SUMMARY OF PROVISIONS:

Section 1: Education Law Section 1950 is amended to allow boards of
cooperative educational services to enter into leases not to exceed
twenty years.

Section 2 sets forth an immediate effective date.

JUSTIFICATION:

Boards of cooperative educational services are currently limited to
leases with a maximum duration of ten years. By extending the duration
of leases to a maximum of twenty years, boards of cooperative
educational services will be able to better plan future projects, save
costs associated with ending shorter term leases as well as entering
into new leases, and will provide greater efficiencies to the overall
operations of the board of cooperative educational services district.

LEGISLATIVE HISTORY:

2013: Passed Senate and Assembly; Vetoed by Governor (Veto #246)
2012: Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  7227

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by Sen. FLANAGAN -- 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 the  leasing  of  real
  property by boards of cooperative educational services

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

  Section 1. Subparagraph (a) of paragraph p of subdivision 4 of section
1950 of the education law, as amended by chapter  602  of  the  laws  of
1994, is amended to read as follows:
  (a) To rent suitable land, classrooms, offices or buildings upon or in
which  to maintain and conduct such cooperative educational services and
administrative offices for a period not to exceed [ten] TWENTY years and
to improve, alter, equip and furnish such land, classrooms,  offices  or
buildings  in  a  suitable manner for such purposes (1) before executing
any lease, the board shall adopt  a  resolution  determining  that  such
agreement is in the best financial interests of the supervisory district
and  stating  the  basis  of  that determination; (2) the rental payment
shall not be more than the fair market value as determined by the board;
and (3) upon the consent of the commissioner, renewal of such lease  may
be  made for a period of up to ten years. Nothing contained herein shall
prevent the board from entering into a lease  agreement  which  provides
for  the  cancellation of the same by such board upon: (i) a substantial
increase or decrease in pupil enrollment; or (ii) a  substantial  change
in  the  needs  and  requirements  of a board of cooperative educational
services with respect to facilities; or (iii)  any  other  change  which
substantially  affects  the  needs or requirements of a board of cooper-
ative educational services or the community in which it is  located.  No
lease  or  other  contract  for  the occupancy of such land, classrooms,
offices or buildings shall be enforceable against the board  of  cooper-
ative  educational  services  unless  and until the same shall have been
approved in writing by the commissioner.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05665-01-3

S7227A - Bill Details

See Assembly Version of this Bill:
A9570B
Law Section:
Education Law
Laws Affected:
Amd §1950, Ed L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A7197, A9570B, S1190
2011-2012: S7016

S7227A - Bill Texts

view summary

Relates to the leasing of real property by boards of cooperative educational services; requires disclosure of conflicts of interest by any member of the board of education, officer or employee of a board of cooperative educational services.

view sponsor memo
BILL NUMBER:S7227A

TITLE OF BILL: An act to amend the education law, in relation to the
leasing of real property by boards of cooperative educational
services; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:

This bill allows boards of cooperative educational services to enter
into leases not to exceed twenty years.

SUMMARY OF PROVISIONS:

Section 1: Education Law Section 1950 is amended to allow boards of
cooperative educational services to enter into leases not to exceed
ten years with public entities and not to exceed twenty years with
non-public entities. It further provides that members of the board of
BOCES disclose any conflicts of interest to the commissioner with
further documentation that such lease is not for more than fair market
value. For leases longer than ten years, the commissioner's approval
must indicate that a lease longer than ten years is more cost
effective than a lease for ten years or shorter.

Section 2: Education Law Section 1950 is amended to address any
potential conflict of interests by members of the board of a BOCES.

Section 3: The commissioner and participating BOCES to prepare a
report by December 15, 2018 outlining an analysis of leases entered
into longer than ten years.

Section 4: sets forth an immediate effective date that is deemed
repealed on July 1, 2019.

JUSTIFICATION:

Boards of cooperative educational services are currently limited to
leases with a maximum duration of ten years. By extending the duration
of leases to a maximum of twenty years, boards of cooperative
educational services will be able to better plan future projects, save
costs associated with ending shorter term leases as well as entering
into new leases, and will provide greater efficiencies to the overall
operations of the board of cooperative educational services district.

LEGISLATIVE HISTORY:

2013: Passed Senate and Assembly; Vetoed by Governor (Veto 246)
2012: Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


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

                                 7227--A
    Cal. No. 1034

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Education  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to  amend the education law, in relation to the leasing of real
  property by boards of cooperative educational services; and  providing
  for the repeal of such provisions upon expiration thereof

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

  Section 1. Subparagraph (a) of paragraph p of subdivision 4 of section
1950 of the education law, as amended by chapter  602  of  the  laws  of
1994, is amended to read as follows:
  (a) To rent suitable land, classrooms, offices or buildings upon or in
which  to maintain and conduct such cooperative educational services and
administrative offices for a period not to exceed ten years  FOR  LEASES
ENTERED  INTO  WITH  PUBLIC ENTITIES AND TWENTY YEARS FOR LEASES ENTERED
INTO WITH NON-PUBLIC ENTITIES and to improve, alter, equip  and  furnish
such  land,  classrooms,  offices  or buildings in a suitable manner for
such purposes, PROVIDED THAT: (1) before executing any lease, the  board
shall  adopt a resolution determining that such agreement is in the best
financial interests of the supervisory district and stating the basis of
that determination; (2) the rental payment shall not be  more  than  the
fair market value as determined by the board AND PROVIDED TO THE COMMIS-
SIONER;  (3)  THE  BOARD  DISCLOSES ANY CONFLICT OF INTEREST PURSUANT TO
SUBPARAGRAPH (C) OF THIS PARAGRAPH, OR ANY OTHER POTENTIAL OR  PERCEIVED
CONFLICT  OF  INTEREST,  TO THE COMMISSIONER, AND IN SUCH EVENT PROVIDES
DETAILED DOCUMENTATION TO THE COMMISSIONER DEMONSTRATING THAT  THE  COST
OF  THE LEASE IS NOT MORE THAN FAIR MARKET VALUE; and [(3)] (4) upon the
consent of the commissioner, renewal of such lease may  be  made  for  a
period  of  up  to ten years. Nothing contained herein shall prevent the
board from entering into  a  lease  agreement  which  provides  for  the
cancellation  of the same by such board upon: (i) a substantial increase
or decrease in pupil enrollment; or (ii) a  substantial  change  in  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05665-06-4

S. 7227--A                          2

needs  and  requirements  of a board of cooperative educational services
with respect to facilities; or (iii) any other change which substantial-
ly affects the needs or requirements of a board  of  cooperative  educa-
tional  services  or  the  community in which it is located. No lease or
other contract for the occupancy of such land,  classrooms,  offices  or
buildings  shall  be enforceable against the board of cooperative educa-
tional services unless and until the same shall have  been  approved  in
writing  by  the  commissioner.   IN THE CASE OF A LEASE LONGER THAN TEN
YEARS, THE COMMISSIONER'S WRITTEN APPROVAL MUST INCLUDE A  FINDING  THAT
THE  PROPOSED LEASE COMPLIES WITH ALL REQUIREMENTS OF THIS PARAGRAPH AND
WOULD BE MORE COST-EFFECTIVE THAN A LEASE OF TEN YEARS OR FEWER.
  S 2. Paragraph p of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph (c) to read as follows:
  (C) IF ANY MEMBER, OFFICER OR EMPLOYEE OF  THE  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES SHALL HAVE AN INTEREST, EITHER DIRECT OR INDIRECT,
IN ANY LEASE TO WHICH THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES  IS,
OR  IS  TO BE, A PARTY, SUCH INTEREST SHALL BE DISCLOSED TO THE BOARD OF
DIRECTORS OF SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES  IN  WRITING
AND SHALL BE SET FORTH IN THE MINUTES OF THE BOARD OF COOPERATIVE EDUCA-
TIONAL  SERVICES.  THE  MEMBER, OFFICER OR EMPLOYEE HAVING SUCH INTEREST
SHALL NOT PARTICIPATE IN ANY ACTION BY THE BOARD OF  COOPERATIVE  EDUCA-
TIONAL SERVICES WITH RESPECT TO SUCH LEASE.
  S 3. The commissioner of education, in consultation with participating
boards  of  cooperative  educational  services,  shall  prepare a report
describing any leases in excess of ten years approved  by  such  commis-
sioner  pursuant  to paragraph p of subdivision 4 of section 1950 of the
education law, including the number of leases in  excess  of  ten  years
entered  into by boards of cooperative educational services, the term of
such leases, any modifications made to the property,  a  description  of
the  use  or uses of such property, and any savings realized by entering
into a lease in excess of ten years. Such report shall be  submitted  to
the  board of regents, the governor, the director of the division of the
budget, the majority leader of the senate, the speaker of the  assembly,
and the chairs of the senate and assembly education committees, no later
than  December  15, 2018, with recommendations on whether and under what
conditions leases longer than ten years should continue to be authorized
beyond the expiration date of this act.
  S 4. This act shall take effect immediately, and shall expire  and  be
deemed  repealed  July  1,  2019,  provided, however, that any contracts
entered pursuant to this act shall not be impaired or modified  by  such
expiration and repeal.

S7227B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9570B
Law Section:
Education Law
Laws Affected:
Amd §1950, Ed L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A7197, A9570B, S1190
2011-2012: S7016

S7227B (ACTIVE) - Bill Texts

view summary

Relates to the leasing of real property by boards of cooperative educational services; requires disclosure of conflicts of interest by any member of the board of education, officer or employee of a board of cooperative educational services.

view sponsor memo
BILL NUMBER:S7227B

TITLE OF BILL: An act to amend the education law, in relation to the
leasing of real property by boards of cooperative educational
services; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE: This bill allows boards of cooperative educational services
to enter into leases not to exceed twenty years.

SUMMARY OF PROVISIONS:

Section 1: Education Law Section 1950 is amended to allow boards of
cooperative educational services to enter into leases not to exceed
ten years with public entities and not to exceed twenty years with
non-public entities. It further provides that members of the board of
BOCES disclose any conflicts of interest to the commissioner with
further documentation that such lease is not for more than fair market
value. For leases longer than ten years, the commissioner's approval
must indicate that a lease longer than ten years is more cost
effective than a lease for ten years or shorter.

Section 2: Education Law Section 1950 is amended to address any
potential conflict of interests by members of the board of a BOCES.

Section 3: The commissioner and participating BOCES to prepare a
report by December 15, 2018 outlining an analysis of leases entered
into longer than ten years.

Section 4: sets forth an immediate effective date that is deemed
repealed on July 1, 2019.

JUSTIFICATION: Boards of cooperative educational services are
currently limited to leases with a maximum duration of ten years. By
extending the duration of leases to a maximum of twenty years, boards
of cooperative educational services will be able to better plan future
projects, save costs associated with ending shorter term leases as
well as entering into new leases, and will provide greater
efficiencies to the overall operations of the board of cooperative
educational services district.

LEGISLATIVE HISTORY: 2013: Passed Senate and Assembly; Vetoed by
Governor (Veto 246) 2012: Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 7227--B
    Cal. No. 1034

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Education  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its  place  in the order of third reading -- again amended and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the education law, in relation to the  leasing  of  real
  property  by boards of cooperative educational services; and providing
  for the repeal of such provisions upon expiration thereof

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

  Section 1. Subparagraph (a) of paragraph p of subdivision 4 of section
1950  of  the  education  law,  as amended by chapter 602 of the laws of
1994, is amended to read as follows:
  (a) To rent suitable land, classrooms, offices or buildings upon or in
which to maintain and conduct such cooperative educational services  and
administrative  offices  for a period not to exceed ten years FOR LEASES
ENTERED INTO WITH PUBLIC ENTITIES AND TWENTY YEARS  FOR  LEASES  ENTERED
INTO  WITH  NON-PUBLIC ENTITIES and to improve, alter, equip and furnish
such land, classrooms, offices or buildings in  a  suitable  manner  for
such  purposes, PROVIDED THAT: (1) before executing any lease, the board
shall adopt a resolution determining that such agreement is in the  best
financial interests of the supervisory district and stating the basis of
that  determination;  (2)  the rental payment shall not be more than the
fair market value as determined by the board AND PROVIDED TO THE COMMIS-
SIONER; (3) THE BOARD DISCLOSES ANY CONFLICT  OF  INTEREST  PURSUANT  TO
SUBPARAGRAPH  (C) OF THIS PARAGRAPH, OR ANY OTHER POTENTIAL OR PERCEIVED
CONFLICT OF INTEREST, TO  THE  COMMISSIONER,  AND  IN  THE  EVENT  OF  A
CONFLICT  OF  INTEREST OR A POTENTIAL OR PERCEIVED CONFLICT OF INTEREST,
PROVIDES DETAILED DOCUMENTATION TO THE COMMISSIONER  DEMONSTRATING  THAT
THE  COST OF THE LEASE IS NOT MORE THAN FAIR MARKET VALUE; and [(3)] (4)
upon the consent of the commissioner, renewal of such lease may be  made
for  a period of up to ten years. Nothing contained herein shall prevent
the board from entering into a lease agreement which  provides  for  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05665-17-4

S. 7227--B                          2

cancellation  of the same by such board upon: (i) a substantial increase
or decrease in pupil enrollment; or (ii) a  substantial  change  in  the
needs  and  requirements  of a board of cooperative educational services
with respect to facilities; or (iii) any other change which substantial-
ly  affects  the  needs or requirements of a board of cooperative educa-
tional services or the community in which it is  located.  No  lease  or
other  contract  for  the occupancy of such land, classrooms, offices or
buildings shall be enforceable against the board of  cooperative  educa-
tional  services  unless  and until the same shall have been approved in
writing by the commissioner.  IN THE CASE OF A  LEASE  LONGER  THAN  TEN
YEARS,  THE  COMMISSIONER'S WRITTEN APPROVAL MUST INCLUDE A FINDING THAT
THE PROPOSED LEASE COMPLIES WITH ALL REQUIREMENTS OF THIS PARAGRAPH  AND
WOULD BE MORE COST-EFFECTIVE THAN A LEASE OF TEN YEARS OR FEWER.
  S 2. Paragraph p of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph (c) to read as follows:
  (C)  IF  ANY  MEMBER OF THE BOARD OF EDUCATION OF THE BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, OFFICER OR EMPLOYEE OF THE BOARD OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES  HAS A FINANCIAL INTEREST, EITHER DIRECT OR
INDIRECT, IN ANY LEASE TO WHICH THE  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  IS,  OR IS TO BE, A PARTY, SUCH INTEREST SHALL BE DISCLOSED TO
THE BOARD OF EDUCATION OF SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES
IN WRITING AND SHALL BE SET FORTH IN THE MINUTES OF THE BOARD OF  EDUCA-
TION OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. THE MEMBER, OFFI-
CER OR EMPLOYEE HAVING SUCH INTEREST SHALL NOT PARTICIPATE IN ANY ACTION
BY  THE  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES WITH RESPECT TO SUCH
LEASE.
  S 3. The commissioner of education, in consultation with participating
boards of cooperative  educational  services,  shall  prepare  a  report
describing  any  leases  in excess of ten years approved by such commis-
sioner pursuant to paragraph p of subdivision 4 of section 1950  of  the
education  law,  including  the  number of leases in excess of ten years
entered into by boards of cooperative educational services, the term  of
such  leases,  any  modifications made to the property, a description of
the use or uses of such property, and any savings realized  by  entering
into  a  lease in excess of ten years. Such report shall be submitted to
the board of regents, the governor, the director of the division of  the
budget,  the majority leader of the senate, the speaker of the assembly,
and the chairs of the senate and assembly education committees, no later
than December 15, 2018, with recommendations on whether and  under  what
conditions leases longer than ten years should continue to be authorized
beyond the expiration date of this act.
  S  4.  This act shall take effect immediately, and shall expire and be
deemed repealed July 1, 2019,  provided,  however,  that  any  contracts
entered  pursuant  to this act shall not be impaired or modified by such
expiration and repeal; provided further that the provisions of this  act
shall  only  apply to contracts entered into after the effective date of
this act.

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