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

                                  7566

                            I N  S E N A T E

                              May 10, 2016
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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

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

                                                           LBD14782-01-6

S. 7566                             2

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 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

S. 7566                             3

OF THE LIMITED LIABILITY COMPANY OR ANOTHER BUSINESS ENTITY  SHALL  ALSO
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.