Bill Text: NY S06062 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Authorizes school districts to enter into a lease outside of such school district when it is demonstrated to the satisfaction of the commissioner of education that extenuating circumstances exist which necessitate a lease outside of the school district.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-21 - referred to education [S06062 Detail]

Download: New_York-2019-S06062-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6062

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  BROOKS -- 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  authorizing  leases
          outside the boundaries of the school district

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph of subdivision 1 of section 403-b  of
     2  the  education  law,  as  amended by chapter 700 of the laws of 1992, is
     3  amended to read as follows:
     4    The board of education of any union free or central school district is
     5  hereby authorized to enter into a lease with any  other  union  free  or
     6  central  school district providing for the use and occupancy by any such
     7  school district of a school building, or a  portion  thereof,  owned  by
     8  such  other  school  district,  provided  such lessee school district is
     9  within a reasonable distance, as determined by  the  commissioner,  from
    10  the  lessor school district, subject to the conditions set forth in this
    11  subdivision.  The board of education of any union free or central school
    12  district is hereby authorized to enter into a  lease  with  any  person,
    13  partnership or corporation for use and occupancy of a building or facil-
    14  ity,  or a portion thereof, owned by such person, partnership, or corpo-
    15  ration for use as a school  facility  provided  that  such  building  or
    16  facility is located within the school district and subject to the condi-
    17  tions  set forth in this subdivision; provided, however, that a board of
    18  education of any union free or central school district may be authorized
    19  to enter into a lease with any person, partnership  or  corporation  for
    20  use and occupancy of a building or facility, or a portion thereof, owned
    21  by  such person, partnership or corporation for use as a school facility
    22  when such building or facility is located outside  the  school  district
    23  when  it  is  demonstrated  to the satisfaction of the commissioner that
    24  extenuating circumstances exist which necessitate a  lease  outside  the
    25  boundaries of the school district.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11772-01-9
        S. 6062                             2

     1    §  2.  Subdivision 7 of section 1709 of the education law, as added by
     2  chapter 130 of the laws of 1976, is amended to read as follows:
     3    7.  To  lease,  on  a  temporary basis, necessary space not located on
     4  school property and/or is not located within the school  district,  when
     5  the  facilities  of the district are overcrowded or damaged or destroyed
     6  or when it is demonstrated to the satisfaction of the commissioner  that
     7  extenuating  circumstances  exist  which necessitate a lease outside the
     8  boundaries of the school district, and to furnish and equip  such  space
     9  for school district use. The use of such space shall be subject to annu-
    10  al approval by the commissioner.
    11    § 3. This act shall take effect immediately.