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This entry was published on 2014-09-22
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SECTION 9
Lease or loan of state property; temporary transfer of personnel
Executive (EXC) CHAPTER 18, ARTICLE 2
§ 9. Lease or loan of state property; temporary transfer of personnel.
Notwithstanding any inconsistent provisions of law, general, special or
local

1. (a) The governor, from time to time, whenever he deems it to be in
the public interest, may authorize any department or agency of the state
to lease or lend to the army, navy or any branch of the armed forces of
the United States, any real or personal property of the state, on such
terms and conditions as he may deem necessary to promote the public
welfare and protect the interests of the state, making an adequate and
appropriate provision to reimburse the state for any cost of maintenance
and operation and for depreciation and waste. He may also authorize such
department or agency to lease or lend such property to any other agency
of the United States of America performing functions occasioned by the
war or defense effort, or to any other organization subsidized or
authorized directly or indirectly by the United States of America to
perform work or render services occasioned by the war or defense effort,
provided, however, that such lease or loan of property shall be on terms
and conditions which fully compensate the state for its loss or use of
such property. Such compensation shall, in addition to the cost of
maintenance and operation, include, but not be limited to, depreciation
and waste or debt service incidental thereto. Notwithstanding the
foregoing provisions, however, the division of military and naval
affairs of the executive department may be authorized pursuant to this
section to lease or lend armories or other real or personal property
under its jurisdiction to the army, navy or any other branch of the
armed forces of the United States of America for military purposes
without provision for reimbursement to the state for depreciation and
waste or debt service. Any renewal of an agreement or lease heretofore
made pursuant to the provisions of paragraph (a) of subdivision one of
section thirty-six of the New York state war emergency act or to the
provisions of chapter two hundred seventy-seven of the laws of nineteen
hundred forty-two prior to the repeal of such provisions shall be made
in compliance with this paragraph.

(b) The governor, from time to time, whenever he deems it to be in the
public interest, is hereby authorized to enter into a contract on behalf
of the state for the lease or loan, on such terms and conditions as he
may deem necessary to promote the public welfare and protect the
interests of the state, of any real or personal property of the state,
or the temporary transfer or employment of personnel of the state to any
municipal subdivision or other public corporation of the state.

2. (a) The chief executive of any such municipal subdivision or the
board, commission or other head of any other public corporation is
hereby authorized to enter into a contract and to execute any such lease
or to accept any such loan or to employ such personnel, and such
municipal subdivision or other public corporation is further authorized
to equip, maintain, utilize and operate any such property and to employ
necessary personnel therefor in accordance with the purposes for which
such contract is executed.

(b) The chief executive of any such municipal subdivision or the
board, commission or other head of such other public corporation is
empowered to do all things and perform any and all acts which he or it
may deem necessary to effectuate the purposes for which such contract
was entered into.