Section 9. Lease or loan of state property; temporary transfer of personnel  


Latest version.
  • 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.