senate Bill S7227B

Signed By Governor
2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (13)
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

S7227 - 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 - 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.

S7227 - Sponsor Memo

S7227 - Bill Text download pdf

                    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 - 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 - 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.

S7227A - Sponsor Memo

S7227A - Bill Text 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

S7227B (ACTIVE) - 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) - 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.

S7227B (ACTIVE) - Sponsor Memo

S7227B (ACTIVE) - Bill 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

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.