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S07212 Summary:

S07212 Actions:

S07212 Committee Votes:

S07212 Floor Votes:

S07212 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7212--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 18, 2023
                                       ___________
 
        Introduced  by  Sens. KRUEGER, CLEARE, SERRANO -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Veter-
          ans,  Homeland  Security  and  Military  Affairs -- recommitted to the
          Committee on Veterans,  Homeland  Security  and  Military  Affairs  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07379-06-4
        S. 7212--A                          2
 
     1    (f) A cadet corps program  shall  qualify  as  a  legacy  cadet  corps
     2  program if such program can sufficiently demonstrate to the urban devel-
     3  opment  corporation  that the cadet corps program has used or occupied a
     4  regimental armory for over one hundred years.  Methods  of  sufficiently
     5  proving  use  or occupancy shall include, but not be limited to, photos,
     6  notarized statements, letters addressed to the program, bank statements,
     7  and utility bills. If a cadet corps program qualifies as a legacy  cadet
     8  corps program, the urban development corporation shall designate them as
     9  such  and immediately begin to enter into a separate agreement with such
    10  program.
    11    § 3. Subparagraph (i) of paragraph (c) of  subdivision  3  of  section
    12  180-a  of the military law, as added by chapter 482 of the laws of 2004,
    13  is amended to read as follows:
    14    (i) On application of any of the associations  of  veterans  or  cadet
    15  corps  programs,  including  a  legacy cadet corps program, described in
    16  [paragraph] paragraphs a and b of subdivision one of  such  section  one
    17  hundred eighty-three, the lessee or the manager pursuant to the terms of
    18  the  management  agreement shall provide a proper and convenient room or
    19  rooms or other appropriate space in the armory where such posts or chap-
    20  ters may hold regular and special  meetings  and  organizational  social
    21  events of a private nature, without the payment of any charge or expense
    22  therefor,  provided that such use does not interfere with the use by the
    23  lessee or the manager pursuant to the terms of the management agreement,
    24  including any use by third parties  contracted  for  under  subparagraph
    25  (ii) of this paragraph.
    26    §  4. Subdivision (b) of section 39 of section 1 of chapter 174 of the
    27  laws of 1968, constituting the New York state urban  development  corpo-
    28  ration  act,  as added by chapter 482 of the laws of 2004, is amended to
    29  read as follows:
    30    (b) The lease with a lessee or subsequent lessee  authorized  by  this
    31  section  shall  require  a  lessee  or  subsequent lessee to undertake a
    32  program of repair, restoration and refurbishment of the  armory  and  to
    33  manage and use the same as a facility for cultural and other civic uses.
    34  The  lease  shall  demise  all  portions  of the armory other than those
    35  reserved for a homeless shelter for women operated by the  city  of  New
    36  York pursuant to agreement with the state, those spaces reserved for use
    37  by  a  legacy  cadet  corps program pursuant to an agreement between the
    38  division and the state of New York, and for that reserved  for  military
    39  use  by the division. The portion of the premises allocated to the shel-
    40  ter for homeless women shall be sufficient and suitable  space  for  the
    41  current  and  uninterrupted  operation of the shelter by the city of New
    42  York. The portion of the premises allocated  to  a  legacy  cadet  corps
    43  program shall be sufficient and suitable space for the current and unin-
    44  terrupted  operation,  provided  that  it is no less than twelve hundred
    45  square feet for their headquarters. The division shall cause  the  107th
    46  corps  support  group  or its lineal descendent to maintain military use
    47  within the reserved portions of the armory. The division, and  the  city
    48  of  New  York, respectively, shall be responsible to repair and maintain
    49  their reserved premises, including the costs of renovation and  uninter-
    50  rupted  use,  and to pay an annual common maintenance charge to a lessee
    51  or subsequent lessee to cover allocated costs of repair, maintenance and
    52  operation of the common portions of the armory. The lessee or subsequent
    53  lessee shall be required to apply all revenues generated  by  operations
    54  at  the  armory  to  pay  or  provide for costs of repairs, restoration,
    55  refurbishment, operating, maintenance and programming of the armory  and
        S. 7212--A                          3
 
     1  the  uses  therein and the activities of the lessee or subsequent lessee
     2  with respect thereto.
     3    § 5. This act shall take effect immediately.