N.Y. Executive Law Section 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.

Source: Section 9 — Lease or loan of state property; temporary transfer of personnel, https://www.­nysenate.­gov/legislation/laws/EXC/9 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 9’s source at nysenate​.gov

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