Senate Bill S7328

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

                                  7328

                            I N  S E N A T E

                             March 30, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON -- (at request of the Office of General
  Services) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Investigations and Government Operations

AN  ACT  to  amend  the public buildings law, in relation to authorizing
  lease-purchase of real property for a term of up to thirty years;  and
  to  amend  chapter  95 of the laws of 2000, amending the state finance
  law, the general municipal law, the public  buildings  law  and  other
  laws  relating  to  bonds,  notes  and revenues, in relation to making
  permanent the authority to enter into leases  for  a  term  of  up  to
  fifteen years

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

  Section 1. Subdivision 12 of section 3 of the public buildings law, as
amended by section 47 of part T of chapter 57 of the laws  of  2007,  is
amended to read as follows:
  12. Lease from time to time buildings, rooms or premises in the county
of  Albany,  and  elsewhere as required, for providing space for depart-
ments, commissions, boards and officers of the  state  government,  upon
such  terms  and  conditions as he or she deems most advantageous to the
state. Any such lease shall, however, be for a term  not  exceeding  ten
years,  except that, the commissioner of general services may enter into
leases for a term not exceeding fifteen years when, in the  judgment  of
such  commissioner,  such  longer  term  is in the best interests of the
state. Any such lease may provide for optional renewals on the  part  of
the state, for terms of ten years or less. Each such lease shall contain
a  clause  stating  that  the  contract of the state thereunder shall be
deemed executory only to the extent of  moneys  available  therefor  and
that no liability shall be incurred by the state beyond the money avail-
able  for such purpose. Notwithstanding the provisions of any other law,
except section sixteen hundred seventy-six of the public authorities law
relating to use of dormitory  authority  facilities  by  the  aged,  the
commissioner of general services shall have sole and exclusive authority
to  lease space for state departments, agencies, commissions, boards and
officers within the county of Albany. Any buildings, rooms or  premises,

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

                                                           LBD15967-02-0

S. 7328                             2

now  or  hereafter  held  by  the commissioner of general services under
lease, may be sublet, in part or in whole, provided that in the judgment
of such commissioner, and the occupying department,  commission,  board,
and  officers of the state government, such buildings, rooms or premises
are not for a time needed. Notwithstanding any other provision of law to
the contrary, if bonds or notes are issued pursuant to  section  sixteen
hundred  eighty-n  of  the  public  authorities  law  for the purpose of
acquiring a building or other facility previously financed by a lease or
lease-purchase obligation as authorized herein, the state  agency  which
is  the tenant in occupancy shall be authorized to remit tax payments or
payments in lieu [of] thereof to the appropriate taxing authority  in  a
manner  consistent  with  the  process  and  term  established under the
original lease or lease-purchase for the subject property for  a  period
coincident with the term of the lease as established at the commencement
of  the  term  thereof.  The  state may undertake a certiorari review of
assessments that may be imposed from time to time.  TO PROVIDE FOR SPACE
REQUIREMENTS OF STATE DEPARTMENTS, AGENCIES AND OFFICES PURSUANT TO THIS
SECTION, THE COMMISSIONER OF  GENERAL  SERVICES  MAY  CONTRACT  FOR  THE
LEASE-PURCHASE  OF  REAL PROPERTY, ON TERMS AND CONDITIONS DEEMED BY HIM
OR HER TO BE MOST ADVANTAGEOUS TO THE STATE,  SUBJECT  TO  THE  APPROVAL
THEREOF  BY  THE  DIRECTOR  OF THE BUDGET.   THE LEASE TERM FOR ANY SUCH
ACQUISITION MAY BE A PERIOD NOT EXCEEDING THIRTY YEARS, AND THE TITLE TO
ANY REAL PROPERTY TO BE ACQUIRED BY LEASE-PURCHASE SHALL BE APPROVED  BY
THE ATTORNEY GENERAL.
  S  2.   Subdivision 4 of section 27 of chapter 95 of the laws of 2000,
amending the state finance law, the general municipal  law,  the  public
buildings  law  and other laws relating to bonds, notes and revenues, as
amended by section 1 of part J of chapter 56 of the  laws  of  2005,  is
amended to read as follows:
  4.  Section seventeen of this act shall take effect July 1, 2000[, and
shall expire on June 30, 2010; provided, however, that any lease entered
into for a term greater than ten years during the  effective  period  of
this  section shall continue in full force and effect, and provided that
upon the expiration of such section the commissioner of general services
shall continue to be empowered to enter into  leases  having  terms  not
exceeding ten years].
  S 3. This act shall take effect immediately.