N.Y. Executive Law § 9: Lease or loan of state property; temporary transfer of personnel

§ 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.