Bill Text: NY A11318 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to the office of general services ability to enter into lease-purchase agreements for real property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-02 - referred to governmental operations [A11318 Detail]
Download: New_York-2009-A11318-Introduced.html
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:
1 Section 1. Subdivision 12 of section 3 of the public buildings law, as
2 amended by section 47 of part T of chapter 57 of the laws of 2007, is
3 amended to read as follows:
4 12. Lease from time to time buildings, rooms or premises in the county
5 of Albany, and elsewhere as required, for providing space for depart-
6 ments, commissions, boards and officers of the state government, upon
7 such terms and conditions as he or she deems most advantageous to the
8 state. Any such lease shall, however, be for a term not exceeding ten
9 years, except that, the commissioner of general services may enter into
10 leases for a term not exceeding fifteen years when, in the judgment of
11 such commissioner, such longer term is in the best interests of the
12 state. Any such lease may provide for optional renewals on the part of
13 the state, for terms of ten years or less. Each such lease shall contain
14 a clause stating that the contract of the state thereunder shall be
15 deemed executory only to the extent of moneys available therefor and
16 that no liability shall be incurred by the state beyond the money avail-
17 able for such purpose. Notwithstanding the provisions of any other law,
18 except section sixteen hundred seventy-six of the public authorities law
19 relating to use of dormitory authority facilities by the aged, the
20 commissioner of general services shall have sole and exclusive authority
21 to lease space for state departments, agencies, commissions, boards and
22 officers within the county of Albany. Any buildings, rooms or premises,
23 now or hereafter held by the commissioner of general services under
24 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
1 of such commissioner, and the occupying department, commission, board,
2 and officers of the state government, such buildings, rooms or premises
3 are not for a time needed. Notwithstanding any other provision of law to
4 the contrary, if bonds or notes are issued pursuant to section sixteen
5 hundred eighty-n of the public authorities law for the purpose of
6 acquiring a building or other facility previously financed by a lease or
7 lease-purchase obligation as authorized herein, the state agency which
8 is the tenant in occupancy shall be authorized to remit tax payments or
9 payments in lieu [of] thereof to the appropriate taxing authority in a
10 manner consistent with the process and term established under the
11 original lease or lease-purchase for the subject property for a period
12 coincident with the term of the lease as established at the commencement
13 of the term thereof. The state may undertake a certiorari review of
14 assessments that may be imposed from time to time. TO PROVIDE FOR SPACE
15 REQUIREMENTS OF STATE DEPARTMENTS, AGENCIES AND OFFICES PURSUANT TO THIS
16 SECTION, THE COMMISSIONER OF GENERAL SERVICES MAY CONTRACT FOR THE
17 LEASE-PURCHASE OF REAL PROPERTY, ON TERMS AND CONDITIONS DEEMED BY HIM
18 OR HER TO BE MOST ADVANTAGEOUS TO THE STATE, SUBJECT TO THE APPROVAL
19 THEREOF BY THE DIRECTOR OF THE BUDGET. THE LEASE TERM FOR ANY SUCH
20 ACQUISITION MAY BE A PERIOD NOT EXCEEDING THIRTY YEARS, AND THE TITLE TO
21 ANY REAL PROPERTY TO BE ACQUIRED BY LEASE-PURCHASE SHALL BE APPROVED BY
22 THE ATTORNEY GENERAL.
23 S 2. Subdivision 4 of section 27 of chapter 95 of the laws of 2000,
24 amending the state finance law, the general municipal law, the public
25 buildings law and other laws relating to bonds, notes and revenues, as
26 amended by section 1 of part J of chapter 56 of the laws of 2005, is
27 amended to read as follows:
28 4. Section seventeen of this act shall take effect July 1, 2000, and
29 shall expire on June 30, [2010] 2015; provided, however, that any lease
30 entered into for a term greater than ten years during the effective
31 period of this section shall continue in full force and effect, and
32 provided that upon the expiration of such section the commissioner of
33 general services shall continue to be empowered to enter into leases
34 having terms not exceeding ten years.
35 S 3. This act shall take effect immediately, provided, however, that
36 the amendments to subdivision 12 of section 3 of the public buildings
37 law made by section one of this act shall not affect the expiration of
38 such subdivision and shall be deemed to expire therewith.
