S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3203--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01852-04-1

 A. 3203--A                          2
 
 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
 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.
   §  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

 A. 3203--A                          3
 
 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
 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.
   §  3.  The  commissioner  of general services is hereby authorized and
 directed to promulgate rules and regulations to effectuate the  purposes
 of this act.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, provided, however that:
   a. section three of this act shall take effect immediately;
   b. the provisions of this act shall only apply to leases entered  into
 after such effective date; and
   c.  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.