Bill Text: NY A00151 | 2013-2014 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2014-12-17 - signed chap.480 [A00151 Detail]

Download: New_York-2013-A00151-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        151--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. NOLAN, BRENNAN, TITONE -- read once and referred
         to the Committee on Education -- 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:
    1    Section 1. Subdivision 5 of section 2556 of the  education  law,  such
    2  section  as renumbered by chapter 762 of the laws of 1950, is amended to
    3  read as follows:
    4    5. It shall be unlawful for a schoolhouse to  be  constructed  in  the
    5  city  of  New York without an open-air playground attached to or used in
    6  connection with the same.   EXISTING  PLAYGROUNDS  SHALL  NOT  BE  SOLD,
    7  LEASED  OR TRANSFERRED, OR PERMANENTLY AUTHORIZED FOR OTHER USES SUCH AS
    8  SCHOOL BUILDING CONSTRUCTION, RENOVATION, PLACEMENT OR STORAGE OF BUILD-
    9  ING MATERIALS FOR SUCH WORK THAT WOULD ELIMINATE THE USE OF  SUCH  PLAY-
   10  GROUND SPACE FOR OUTDOOR RECREATIONAL ACTIVITIES UNLESS A PLAN IS ESTAB-
   11  LISHED  AND  IMPLEMENTED  TO  PROVIDE  SUITABLE  AND  ADEQUATE  PHYSICAL
   12  ACTIVITIES OR SPACE TO ACCOMMODATE THE PHYSICAL AND  RECREATIONAL  NEEDS
   13  OF  THE  PUPILS  OF  SUCH BUILDING.   THE PROVISIONS OF THIS SUBDIVISION
   14  SHALL NOT APPLY TO SCHOOL CONSTRUCTION  OR  RENOVATION  ACTIVITIES  THAT
   15  OCCUR  ON  OR  REQUIRE  THE USE OF SUCH PLAYGROUNDS FOR A DURATION OF NO
   16  MORE THAN ONE YEAR.
   17    S 2. This act shall take effect on the one hundred eightieth day after
   18  it shall have become a law; provided however, that the  commissioner  of
   19  education  is  authorized  and directed to promulgate any rules or regu-
   20  lations necessary for the timely implementation of this act on or before
   21  such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00128-03-3