S T A T E   O F   N E W   Y O R K
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                                  9639

                          I N  A S S E M B L Y

                             March 24, 2016
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Governmental Operations

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:

  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
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. EACH SUCH  LEASE  WITH  A  LIMITED  LIABILITY
COMPANY  SHALL IDENTIFY THE NAMES AND RESIDENCE ADDRESSES OF ALL NATURAL

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

                                                           LBD14782-01-6

A. 9639                             2

PERSONS WHO ARE TO BE THE MEMBERS, MANAGERS AND ANY AUTHORIZED  PERSONS,
IF  ANY,  OF  THE LIMITED LIABILITY COMPANY, AND THE NAMES AND RESIDENCE
ADDRESSES OR, IF NONE, THE BUSINESS ADDRESS OF ALL SHAREHOLDERS,  DIREC-
TORS,  OFFICERS, MEMBERS, MANAGERS AND PARTNERS OF ANY LIMITED LIABILITY
COMPANY OR OTHER BUSINESS ENTITY THAT ARE TO BE THE MEMBERS, MANAGERS OR
AUTHORIZED PERSONS, IF ANY, OF THE LIMITED LIABILITY COMPANY. THE  IDEN-
TIFICATION  OF SUCH NAMES SHALL NOT BE DEEMED AN UNWARRANTED INVASION OF
PERSONAL PRIVACY PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.  IF
ANY  SUCH  MEMBER, MANAGER OR AUTHORIZED PERSON OF THE LIMITED LIABILITY
COMPANY IS ITSELF A LIMITED LIABILITY COMPANY OR OTHER BUSINESS  ENTITY,
THE  NAMES  AND  ADDRESSES  OF  THE  SHAREHOLDERS,  DIRECTORS, OFFICERS,
MEMBERS, MANAGERS AND PARTNERS OF THE LIMITED LIABILITY COMPANY OR OTHER
BUSINESS ENTITY SHALL ALSO BE DISCLOSED UNTIL FULL DISCLOSURE  OF  ULTI-
MATE  OWNERSHIP  BY  NATURAL  PERSONS  IS ACHIEVED. FOR PURPOSES OF THIS
SUBDIVISION,  THE  TERMS  "MEMBERS,"  "MANAGERS,"  "AUTHORIZED  PERSON,"
"LIMITED  LIABILITY  COMPANY" AND "OTHER BUSINESS ENTITY" SHALL HAVE THE
SAME MEANING AS THOSE TERMS ARE DEFINED IN SECTION ONE  HUNDRED  TWO  OF
THE  LIMITED  LIABILITY COMPANY LAW. 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.
  S 2. Subdivision 12 of section 3  of  the  public  buildings  law,  as
amended  by  section  48 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, but 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 execu-
tory only to the extent of moneys available therefor and that no liabil-
ity shall be incurred by the state beyond the money available  for  such
purpose. EACH SUCH LEASE WITH A LIMITED LIABILITY COMPANY SHALL IDENTIFY
THE  NAMES  AND RESIDENCE ADDRESSES OF ALL NATURAL PERSONS WHO ARE TO BE
THE MEMBERS, MANAGERS AND ANY AUTHORIZED PERSONS, IF ANY, OF THE LIMITED
LIABILITY COMPANY, AND THE NAMES AND RESIDENCE ADDRESSES  OR,  IF  NONE,
THE BUSINESS ADDRESS OF ALL SHARE HOLDERS, DIRECTORS, OFFICERS, MEMBERS,
MANAGERS AND PARTNERS OF ANY LIMITED LIABILITY COMPANY OR OTHER BUSINESS
ENTITY  THAT  ARE  TO BE THE MEMBERS, MANAGERS OR AUTHORIZED PERSONS, IF
ANY, OF THE LIMITED LIABILITY COMPANY. THE IDENTIFICATION OF SUCH  NAMES
SHALL NOT BE DEEMED AN UNWARRANTED INVASION OF PERSONAL PRIVACY PURSUANT
TO  ARTICLE  SIX OF THE PUBLIC OFFICERS LAW. IF ANY SUCH MEMBER, MANAGER
OR AUTHORIZED PERSON OF THE LIMITED LIABILITY COMPANY IS ITSELF A LIMIT-
ED LIABILITY COMPANY OR OTHER BUSINESS ENTITY, THE NAMES  AND  ADDRESSES
OF THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND PARTNERS
OF  THE  LIMITED LIABILITY COMPANY OR ANOTHER BUSINESS ENTITY SHALL ALSO

A. 9639                             3

BE DISCLOSED UNTIL FULL DISCLOSURE  OF  ULTIMATE  OWNERSHIP  BY  NATURAL
PERSONS  IS  ACHIEVED.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE TERMS
"MEMBERS," "MANAGERS," "AUTHORIZED PERSON," "LIMITED LIABILITY  COMPANY"
AND  "OTHER  BUSINESS ENTITY" SHALL HAVE THE SAME MEANING AS THOSE TERMS
ARE DEFINED IN SECTION ONE HUNDRED TWO OF THE LIMITED LIABILITY  COMPANY
LAW.  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 of the commissioner,
and the occupying department, commission, board,  and  officers  of  the
state  government,  such buildings, rooms or premises are not for a time
needed.
  S 3. This act shall take effect immediately, provided that:
  a. the provisions of this act shall only apply to leases entered  into
after such effective date; and
  b.  the amendments to subdivision 12 of section 3 of the public build-
ings law made by section one of this act shall be subject to the expira-
tion and reversion of such subdivision  pursuant  to  subdivision  4  of
section 27 of chapter 95 of the laws of 2000, as amended, when upon such
date the provisions of section two of this act shall take effect.