§ 9 — Lease or loan of state property; temporary transfer of personnel

New York § 9

• Jurisdiction: New York
• Law EXC: Executive
• Art. 2: Governor

Text

§ 9. Lease or loan of state property; temporary transfer of personnel.\nNotwithstanding any inconsistent provisions of law, general, special or\nlocal\n 1. (a) The governor, from time to time, whenever he deems it to be in\nthe public interest, may authorize any department or agency of the state\nto lease or lend to the army, navy or any branch of the armed forces of\nthe United States, any real or personal property of the state, on such\nterms and conditions as he may deem necessary to promote the public\nwelfare and protect the interests of the state, making an adequate and\nappropriate provision to reimburse the state for any cost of maintenance\nand operation and for depreciation and waste. He may also authorize such\ndepartment or agency to lease or lend such property to any other agency\nof the United States of America performing functions occasioned by the\nwar or defense effort, or to any other organization subsidized or\nauthorized directly or indirectly by the United States of America to\nperform work or render services occasioned by the war or defense effort,\nprovided, however, that such lease or loan of property shall be on terms\nand conditions which fully compensate the state for its loss or use of\nsuch property. Such compensation shall, in addition to the cost of\nmaintenance and operation, include, but not be limited to, depreciation\nand waste or debt service incidental thereto. Notwithstanding the\nforegoing provisions, however, the division of military and naval\naffairs of the executive department may be authorized pursuant to this\nsection to lease or lend armories or other real or personal property\nunder its jurisdiction to the army, navy or any other branch of the\narmed forces of the United States of America for military purposes\nwithout provision for reimbursement to the state for depreciation and\nwaste or debt service. Any renewal of an agreement or lease heretofore\nmade pursuant to the provisions of paragraph (a) of subdivision one of\nsection thirty-six of the New York state war emergency act or to the\nprovisions of chapter two hundred seventy-seven of the laws of nineteen\nhundred forty-two prior to the repeal of such provisions shall be made\nin compliance with this paragraph.\n (b) The governor, from time to time, whenever he deems it to be in the\npublic interest, is hereby authorized to enter into a contract on behalf\nof the state for the lease or loan, on such terms and conditions as he\nmay deem necessary to promote the public welfare and protect the\ninterests of the state, of any real or personal property of the state,\nor the temporary transfer or employment of personnel of the state to any\nmunicipal subdivision or other public corporation of the state.\n 2. (a) The chief executive of any such municipal subdivision or the\nboard, commission or other head of any other public corporation is\nhereby authorized to enter into a contract and to execute any such lease\nor to accept any such loan or to employ such personnel, and such\nmunicipal subdivision or other public corporation is further authorized\nto equip, maintain, utilize and operate any such property and to employ\nnecessary personnel therefor in accordance with the purposes for which\nsuch contract is executed.\n (b) The chief executive of any such municipal subdivision or the\nboard, commission or other head of such other public corporation is\nempowered to do all things and perform any and all acts which he or it\nmay deem necessary to effectuate the purposes for which such contract\nwas entered into.\n