Bill Text: NY S04757 | 2013-2014 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-08-11 - SIGNED CHAP.295 [S04757 Detail]

Download: New_York-2013-S04757-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4757--A
           Cal. No. 479
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 22, 2013
                                      ___________
       Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cultural Affairs, Tourism,
         Parks and Recreation --  recommitted  to  the  Committee  on  Cultural
         Affairs,  Tourism, Parks and Recreation in accordance with Senate Rule
         6, sec. 8 -- reported favorably from said committee, ordered to  first
         and  second  report,  ordered  to a third reading, amended and ordered
         reprinted, retaining its place in the order of third reading
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08960-05-4
       S. 4757--A                          2
    1  BE  NOMINAL, SHALL BE BASED ON AN ASSESSMENT OF FAIR MARKET VALUE TAKING
    2  INTO ACCOUNT THE PROJECTED COST OF REHABILITATING THE BUILDING  INVESTED
    3  BY  THE  RESIDENT  CURATOR.  ANY LEASE EXECUTED PURSUANT TO THIS SECTION
    4  SHALL:  REQUIRE  THE RESIDENT CURATOR TO COMPLY WITH ALL LAWS, RULES AND
    5  REGULATIONS AND MAINTAIN APPROPRIATE INSURANCE COVERAGE ASSOCIATED  WITH
    6  THE REHABILITATION, MAINTENANCE AND USE OF THE LEASED PREMISES; PROHIBIT
    7  THE RESIDENT CURATOR FROM USING THE LEASED PREMISES EXCEPT IN ACCORDANCE
    8  WITH  CRITERIA  TO BE DETERMINED BY THE COMMISSIONER; PROHIBIT THE RESI-
    9  DENT CURATOR FROM USING THE LEASED PREMISES AS SECURITY FOR ANY DEBT, OR
   10  FROM ASSIGNING OR SUBLETTING THE PREMISES EXCEPT AS  AUTHORIZED  BY  THE
   11  COMMISSIONER;  AND  REQUIRE  THE COMMISSIONER TO DETERMINE IN HIS OR HER
   12  SOLE DISCRETION WHEN THE RESTORATION IS COMPLETE.  UPON  TERMINATION  OF
   13  ANY  LEASE  EXECUTED PURSUANT TO THIS SECTION, FULL USE AND ENJOYMENT OF
   14  THE PROPERTY REVERTS AUTOMATICALLY TO THE STATE. NO LEASE  ENTERED  INTO
   15  IN  THE RESIDENT CURATOR PROGRAM SHALL RESULT IN THE DISPLACEMENT OF ANY
   16  CURRENTLY EMPLOYED WORKER OR LOSS OF  POSITION,  INCLUDING  THE  PARTIAL
   17  DISPLACEMENT SUCH AS REDUCTION IN THE HOURS OF NON-OVERTIME LABOR, WAGES
   18  OR  EMPLOYEE BENEFITS, THE DIMINISHMENT OF BENEFITS, OR SENIORITY RIGHTS
   19  PROVIDED TO SUCH EMPLOYEE IN THE CIVIL SERVICE LAW,  OR  RESULT  IN  THE
   20  IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS. THE COMMISSION-
   21  ER  IS  AUTHORIZED  TO LEASE FOR THE PURPOSE OF RESIDENTIAL OCCUPANCY IN
   22  THE NINTH PARK REGION, THE BUILDING IDENTIFIED AS LI 73 LAB RESIDENCE AT
   23  COLD SPRING HARBOR STATE PARK, THE  HOLLINS  HOUSE  AT  HECKSCHER  STATE
   24  PARK,  AND  THE BUILDING IDENTIFIED AS LI 40 HOUSE AT HITHER HILLS STATE
   25  PARK. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS FOR  THE  RESI-
   26  DENT CURATOR PROGRAM, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CRITE-
   27  RIA FOR SELECTING RESPONSIBLE RESIDENT CURATORS, CRITERIA FOR ESTABLISH-
   28  ING  LENGTH  OF TERMS FOR LEASES, CRITERIA FOR DETERMINING THE AMOUNT OF
   29  RENT TO BE CHARGED TO RESIDENT CURATORS WHICH MAY BE  NOMINAL  FACTORING
   30  IN  THE  CAPITAL  INVESTMENT  REQUIRED  TO REHABILITATE AND MAINTAIN THE
   31  LEASED PREMISES AND DETERMINING APPROPRIATE USES AND RESTRICTIONS ON USE
   32  OF LEASED PREMISES IN THE RESIDENT CURATOR  PROGRAM,  INCLUDING  WHETHER
   33  AND UNDER WHAT CIRCUMSTANCES PUBLIC ACCESS IS APPROPRIATE TO PROPERTY IN
   34  THE RESIDENT CURATOR PROGRAM.
   35    S 2. This act shall take effect immediately.