Bill Text: NY A03203 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to the authority of the commissioner of general services to lease public buildings; authorizes the commissioner of general services to promulgate any necessary rules and regulations.

Spectrum: Moderate Partisan Bill (Democrat 14-4)

Status: (Introduced) 2021-02-25 - advanced to third reading cal.127 [A03203 Detail]

Download: New_York-2021-A03203-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3203--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by M. of A. McDONALD, GALEF, STIRPE, FAHY, STECK, MONTESANO,
          SIMON, CAHILL, M. MILLER, COLTON, GOTTFRIED, MORINELLO, ASHBY, PICHAR-
          DO, LUPARDO, OTIS -- Multi-Sponsored by -- M. of A. HYNDMAN, TAGUE  --
          read  once and referred to the Committee on Governmental Operations --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to amend the public buildings law, in relation to the authority
          of the commissioner of general services to  lease public buildings

          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01852-04-1

        A. 3203--A                          2

     1  officers within the county of Albany. Any buildings, rooms or  premises,
     2  now  or  hereafter  held  by  the commissioner of general services under
     3  lease, may be sublet, in part or in whole, provided that in the judgment
     4  of  such  commissioner, and the occupying department, commission, board,
     5  and officers of the state government, such buildings, rooms or  premises
     6  are  not  for  a  time  needed. Each such lease with a limited liability
     7  company shall identify the names and residence addresses of all  natural
     8  persons  who are to be the members, managers and any authorized persons,
     9  if any, of the limited liability company, and the  names  and  residence
    10  addresses  or, if none, the business address of all shareholders, direc-
    11  tors, officers, members, managers and partners of any limited  liability
    12  company or other business entity that are to be the members, managers or
    13  authorized  persons, if any, of the limited liability company. The iden-
    14  tification of such names shall not be deemed an unwarranted invasion  of
    15  personal  privacy pursuant to article six of the public officers law. If
    16  any such member, manager or authorized person of the  limited  liability
    17  company  is itself a limited liability company or other business entity,
    18  the names  and  addresses  of  the  shareholders,  directors,  officers,
    19  members, managers and partners of the limited liability company or other
    20  business  entity  shall also be disclosed until full disclosure of ulti-
    21  mate ownership by natural persons is  achieved.  For  purposes  of  this
    22  subdivision,  the  terms  "members,"  "managers,"  "authorized  person,"
    23  "limited liability company" and "other business entity" shall  have  the
    24  same  meaning  as  those terms are defined in section one hundred two of
    25  the limited liability company law. Notwithstanding any  other  provision
    26  of law to the contrary, if bonds or notes are issued pursuant to section
    27  sixteen  hundred  eighty-n of the public authorities law for the purpose
    28  of acquiring a building or other facility previously financed by a lease
    29  or lease-purchase obligation as  authorized  herein,  the  state  agency
    30  which  is  the  tenant  in  occupancy  shall  be authorized to remit tax
    31  payments or payments in  lieu  of  thereof  to  the  appropriate  taxing
    32  authority  in  a manner consistent with the process and term established
    33  under the original lease or lease-purchase for the subject property  for
    34  a  period  coincident  with  the term of the lease as established at the
    35  commencement of the term thereof. The state may undertake  a  certiorari
    36  review of assessments that may be imposed from time to time.
    37    §  2.  Subdivision  12  of  section  3 of the public buildings law, as
    38  amended by section 48 of part T of chapter 57 of the laws  of  2007,  is
    39  amended to read as follows:
    40    12. Lease from time to time buildings, rooms or premises in the county
    41  of  Albany,  and  elsewhere as required, for providing space for depart-
    42  ments, commissions, boards and officers of the  state  government,  upon
    43  such  terms  and  conditions as he or she deems most advantageous to the
    44  state. Any such lease shall, however, be for a term  not  exceeding  ten
    45  years,  but  may provide for optional renewals on the part of the state,
    46  for terms of ten years or less. Each such lease shall contain  a  clause
    47  stating that the contract of the state thereunder shall be deemed execu-
    48  tory only to the extent of moneys available therefor and that no liabil-
    49  ity  shall  be incurred by the state beyond the money available for such
    50  purpose. Each such lease with a limited liability company shall identify
    51  the names and residence addresses of all natural persons who are  to  be
    52  the members, managers and any authorized persons, if any, of the limited
    53  liability  company,  and  the names and residence addresses or, if none,
    54  the business address of all share holders, directors, officers, members,
    55  managers and partners of any limited liability company or other business
    56  entity that are to be the members, managers or  authorized  persons,  if

        A. 3203--A                          3

     1  any,  of the limited liability company. The identification of such names
     2  shall not be deemed an unwarranted invasion of personal privacy pursuant
     3  to article six of the public officers law. If any such  member,  manager
     4  or authorized person of the limited liability company is itself a limit-
     5  ed  liability  company or other business entity, the names and addresses
     6  of the shareholders, directors, officers, members, managers and partners
     7  of the limited liability company or another business entity  shall  also
     8  be  disclosed  until  full  disclosure  of ultimate ownership by natural
     9  persons is  achieved.  For  purposes  of  this  subdivision,  the  terms
    10  "members,"  "managers," "authorized person," "limited liability company"
    11  and "other business entity" shall have the same meaning as  those  terms
    12  are  defined in section one hundred two of the limited liability company
    13  law. Notwithstanding the provisions of any  other  law,  except  section
    14  sixteen  hundred  seventy-six  of the public authorities law relating to
    15  use of dormitory authority facilities by the aged, the  commissioner  of
    16  general  services shall have sole and exclusive authority to lease space
    17  for state departments, agencies, commissions, boards and officers within
    18  the county of Albany. Any buildings, rooms or premises, now or hereafter
    19  held by the commissioner of general services under lease, may be sublet,
    20  in part or in whole, provided that in the judgment of the  commissioner,
    21  and  the  occupying  department,  commission, board, and officers of the
    22  state government, such buildings, rooms or premises are not for  a  time
    23  needed.
    24    §  3.  The  commissioner  of general services is hereby authorized and
    25  directed to promulgate rules and regulations to effectuate the  purposes
    26  of this act.
    27    §  4.  This  act  shall take effect on the sixtieth day after it shall
    28  have become a law, provided, however that:
    29    a. section three of this act shall take effect immediately;
    30    b. the provisions of this act shall only apply to leases entered  into
    31  after such effective date; and
    32    c.  the amendments to subdivision 12 of section 3 of the public build-
    33  ings law made by section one of this act shall be subject to the expira-
    34  tion and reversion of such subdivision  pursuant  to  subdivision  4  of
    35  section 27 of chapter 95 of the laws of 2000, as amended, when upon such
    36  date the provisions of section two of this act shall take effect.
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