Seawright, Simon, Gibbs, Dilan, McDonald, Tapia, Epstein, De Los Santos, Lee, Otis, Berger, Meeks,
Levenberg, Cunningham, Simone
MLTSPNSR
Amd §180-a, Mil L; amd §39, UDC Act
Authorizes legacy cadet corps programs to access and use for a permanent headquarters the seventh regiment armory for the purposes of programming during periods which are not periods of civil or military emergency.
STATE OF NEW YORK
________________________________________________________________________
7686--A
2023-2024 Regular Sessions
IN ASSEMBLY
June 5, 2023
___________
Introduced by M. of A. BORES, SEAWRIGHT, SIMON -- read once and referred
to the Committee on Governmental Operations -- recommitted to the
Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2
-- reference changed to the Committee on Governmental Operations --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the military law and the New York state urban develop-
ment corporation act, in relation to authorizing the use of armories
by legacy cadet corps programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 180-a of the military law is
2 amended by adding a new paragraph (l) to read as follows:
3 (1) "Legacy cadet corps program" shall mean a cadet corps or organized
4 militia program that has accessed or used a regimental armory located
5 within a city that has a population of over one million people for over
6 one hundred years during periods which are not periods of civil or mili-
7 tary emergency.
8 § 2. Paragraph (e) of subdivision 3 of section 180-a of the military
9 law, as added by chapter 482 of the laws of 2004, is amended and a new
10 paragraph (f) is added to read as follows:
11 (e) The management agreement and lease shall not apply to shelter use
12 or to a legacy cadet corps program. Shelter use shall be governed by a
13 separate agreement between the city of New York, the lessee and the
14 state of New York; such separate agreement shall be executed prior to
15 the execution of the lease. A legacy cadet corps program use shall be
16 governed by a separate agreement between the division and the state of
17 New York; such separate agreement shall be executed once a cadet corps
18 program is determined to be a legacy cadet corps program.
19 (f) A cadet corps program shall qualify as a legacy cadet corps
20 program if such program can sufficiently demonstrate to the urban devel-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07379-05-4
A. 7686--A 2
1 opment corporation that the cadet corps program has used or occupied a
2 regimental armory for over one hundred years. Methods of sufficiently
3 proving use or occupancy shall include, but not be limited to, photos,
4 notarized statements, letters addressed to the program, bank statements,
5 and utility bills. If a cadet corps program qualifies as a legacy cadet
6 corps program, the urban development corporation shall designate them as
7 such and immediately begin to enter into a separate agreement with such
8 program.
9 § 3. Subparagraph (i) of paragraph (c) of subdivision 3 of section
10 180-a of the military law, as added by chapter 482 of the laws of 2004,
11 is amended to read as follows:
12 (i) On application of any of the associations of veterans or cadet
13 corps programs, including a legacy cadet corps program, described in
14 [paragraph] paragraphs a and b of subdivision one of such section one
15 hundred eighty-three, the lessee or the manager pursuant to the terms of
16 the management agreement shall provide a proper and convenient room or
17 rooms or other appropriate space in the armory where such posts or chap-
18 ters may hold regular and special meetings and organizational social
19 events of a private nature, without the payment of any charge or expense
20 therefor, provided that such use does not interfere with the use by the
21 lessee or the manager pursuant to the terms of the management agreement,
22 including any use by third parties contracted for under subparagraph
23 (ii) of this paragraph.
24 § 4. Subdivision (b) of section 39 of section 1 of chapter 174 of the
25 laws of 1968, constituting the New York state urban development corpo-
26 ration act, as added by chapter 482 of the laws of 2004, is amended to
27 read as follows:
28 (b) The lease with a lessee or subsequent lessee authorized by this
29 section shall require a lessee or subsequent lessee to undertake a
30 program of repair, restoration and refurbishment of the armory and to
31 manage and use the same as a facility for cultural and other civic uses.
32 The lease shall demise all portions of the armory other than those
33 reserved for a homeless shelter for women operated by the city of New
34 York pursuant to agreement with the state, those spaces reserved for use
35 by a legacy cadet corps program pursuant to an agreement between the
36 division and the state of New York, and for that reserved for military
37 use by the division. The portion of the premises allocated to the shel-
38 ter for homeless women shall be sufficient and suitable space for the
39 current and uninterrupted operation of the shelter by the city of New
40 York. The portion of the premises allocated to a legacy cadet corps
41 program shall be sufficient and suitable space for the current and unin-
42 terrupted operation, provided that it is no less than twelve hundred
43 square feet for their headquarters. The division shall cause the 107th
44 corps support group or its lineal descendent to maintain military use
45 within the reserved portions of the armory. The division, and the city
46 of New York, respectively, shall be responsible to repair and maintain
47 their reserved premises, including the costs of renovation and uninter-
48 rupted use, and to pay an annual common maintenance charge to a lessee
49 or subsequent lessee to cover allocated costs of repair, maintenance and
50 operation of the common portions of the armory. The lessee or subsequent
51 lessee shall be required to apply all revenues generated by operations
52 at the armory to pay or provide for costs of repairs, restoration,
53 refurbishment, operating, maintenance and programming of the armory and
54 the uses therein and the activities of the lessee or subsequent lessee
55 with respect thereto.
56 § 5. This act shall take effect immediately.
