Assembly Bill A11318

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

                                  11318

                          I N  A S S E M B L Y

                              June 2, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Destito) --
  read once and referred to the Committee on Governmental 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 the  effec-
  tiveness of certain portions thereof

  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,
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

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

                                                           LBD17594-01-0

A. 11318                            2

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] 2015; 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, provided,  however,  that
the  amendments  to  subdivision 12 of section 3 of the public buildings
law made by section one of this act shall not affect the  expiration  of
such subdivision and shall be deemed to expire therewith.