Bill Text: NY A07392 | 2013-2014 | General Assembly | Amended

New York Assembly Bill 7392 (Prior Session Legislation)

Bill Title: Establishes a resident curator program for the rehabilitation of state park buildings.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-06-16 - substituted by s4757a [A07392 Detail]

Download: New_York-2013-A07392-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7392--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 14, 2013
                                      ___________
       Introduced  by M. of A. MARKEY, ENGLEBRIGHT -- read once and referred to
         the Committee on Tourism, Parks, Arts and Sports Development -- recom-
         mitted to the Committee on Tourism, Parks, Arts and Sports Development
         in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee
       AN ACT to amend the parks, recreation and historic preservation law,  in
         relation  to establishing a resident curator program for the rehabili-
         tation of state park buildings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 3.09 of the parks, recreation and historic preser-
    2  vation law is amended by  adding  a  new  subdivision  2-h  to  read  as
    3  follows:
    4    2-H.   BE EMPOWERED, IN ADDITION TO ANY OTHER PROVISION OF LAW AUTHOR-
    5  IZING THE LEASING OF CERTAIN PROPERTY UNDER ITS JURISDICTION, TO  ESTAB-
    6  LISH A RESIDENT CURATOR PROGRAM TO ENCOURAGE INVESTMENT, RESTORATION AND
    7  OCCUPANCY OF BUILDINGS WHICH SERVE NO PARK-RELATED PURPOSE AND WHICH, IF
    8  REMAIN  UNOCCUPIED, ARE AT RISK OF PROGRESSIVE DETERIORATION, BY AUTHOR-
    9  IZING THE LEASING OF SUCH  AT-RISK  BUILDINGS  ON  A  COMPETITIVE  BASIS
   10  PURSUANT  TO  THE  ISSUANCE OF A REQUEST FOR PROPOSAL ANNOUNCED PUBLICLY
   11  INCLUDING ON THE OFFICE WEBSITE, FOR RESIDENTIAL USE ONLY, AS  A  SINGLE
   12  FAMILY  DWELLING,  TO INDIVIDUALS TO BE KNOWN AS "RESIDENT CURATORS" FOR
   13  TERMS OF UP TO FORTY YEARS IN EXCHANGE FOR THE RESIDENT CURATOR ASSUMING
   14  LIABILITY AND FINANCIAL OBLIGATION ASSOCIATED WITH  THE  REHABILITATION,
   15  MAINTENANCE  AND  USE  OF SUCH BUILDINGS AND ANY OTHER PROPERTY, REAL OR
   16  PERSONAL, INCLUDED IN THE LEASE. THE LENGTH OF THE TERM OF  SUCH  LEASES
   17  SHALL  RELATE  TO  THE  FINANCIAL  INVESTMENT TO BE MADE BY THE RESIDENT
   18  CURATOR WHICH WILL BE REQUIRED TO REHABILITATE AND MAINTAIN THE BUILDING
   19  FOR RESIDENTIAL OCCUPANCY. THE AMOUNT OF RENT TO BE CHARGED,  WHICH  MAY
   20  BE  NOMINAL, SHALL BE BASED ON AN ASSESSMENT OF FAIR MARKET VALUE TAKING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08960-04-4
       A. 7392--A                          2
    1  INTO ACCOUNT THE PROJECTED COST OF REHABILITATING THE BUILDING  INVESTED
    2  BY  THE  RESIDENT  CURATOR.  ANY LEASE EXECUTED PURSUANT TO THIS SECTION
    3  SHALL: REQUIRE THE RESIDENT CURATOR TO COMPLY WITH ALL LAWS,  RULES  AND
    4  REGULATIONS  AND MAINTAIN APPROPRIATE INSURANCE COVERAGE ASSOCIATED WITH
    5  THE REHABILITATION, MAINTENANCE AND USE OF THE LEASED PREMISES; PROHIBIT
    6  THE RESIDENT CURATOR FROM USING THE LEASED PREMISES EXCEPT IN ACCORDANCE
    7  WITH CRITERIA TO BE DETERMINED BY THE COMMISSIONER; PROHIBIT  THE  RESI-
    8  DENT CURATOR FROM USING THE LEASED PREMISES AS SECURITY FOR ANY DEBT, OR
    9  FROM  ASSIGNING  OR  SUBLETTING THE PREMISES EXCEPT AS AUTHORIZED BY THE
   10  COMMISSIONER; AND REQUIRE THE COMMISSIONER TO DETERMINE IN  HIS  OR  HER
   11  SOLE  DISCRETION  WHEN  THE RESTORATION IS COMPLETE. UPON TERMINATION OF
   12  ANY LEASE EXECUTED PURSUANT TO THIS SECTION, FULL USE AND  ENJOYMENT  OF
   13  THE  PROPERTY  REVERTS AUTOMATICALLY TO THE STATE. NO LEASE ENTERED INTO
   14  IN THE RESIDENT CURATOR PROGRAM SHALL RESULT IN THE DISPLACEMENT OF  ANY
   15  CURRENTLY  EMPLOYED  WORKER  OR  LOSS OF POSITION, INCLUDING THE PARTIAL
   16  DISPLACEMENT SUCH AS REDUCTION IN THE HOURS OF NON-OVERTIME LABOR, WAGES
   17  OR EMPLOYEE BENEFITS, THE DIMINISHMENT OF BENEFITS, OR SENIORITY  RIGHTS
   18  PROVIDED  TO  SUCH  EMPLOYEE  IN THE CIVIL SERVICE LAW, OR RESULT IN THE
   19  IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS. THE COMMISSION-
   20  ER IS AUTHORIZED TO LEASE FOR THE PURPOSE OF  RESIDENTIAL  OCCUPANCY  IN
   21  THE NINTH PARK REGION, THE BUILDING IDENTIFIED AS LI 73 LAB RESIDENCE AT
   22  COLD  SPRING  HARBOR  STATE  PARK,  THE HOLLINS HOUSE AT HECKSCHER STATE
   23  PARK, AND THE BUILDING IDENTIFIED AS LI 40 HOUSE AT HITHER  HILLS  STATE
   24  PARK.  THE  COMMISSIONER SHALL ADOPT RULES AND REGULATIONS FOR THE RESI-
   25  DENT CURATOR PROGRAM, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CRITE-
   26  RIA FOR SELECTING RESPONSIBLE RESIDENT CURATORS, CRITERIA FOR ESTABLISH-
   27  ING LENGTH OF TERMS FOR LEASES, CRITERIA FOR DETERMINING THE  AMOUNT  OF
   28  RENT  TO  BE CHARGED TO RESIDENT CURATORS WHICH MAY BE NOMINAL FACTORING
   29  IN THE CAPITAL INVESTMENT REQUIRED  TO  REHABILITATE  AND  MAINTAIN  THE
   30  LEASED PREMISES AND DETERMINING APPROPRIATE USES AND RESTRICTIONS ON USE
   31  OF  LEASED  PREMISES  IN THE RESIDENT CURATOR PROGRAM, INCLUDING WHETHER
   32  AND UNDER WHAT CIRCUMSTANCES PUBLIC ACCESS IS APPROPRIATE TO PROPERTY IN
   33  THE RESIDENT CURATOR PROGRAM.
   34    S 2. This act shall take effect immediately.