S T A T E O F N E W Y O R K
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7581
2015-2016 Regular Sessions
I N A S S E M B L Y
May 19, 2015
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Introduced by M. of A. PEOPLES-STOKES -- (at request of the Office of
General Services) -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the state finance law, in relation to the disposition of
surplus state personal property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 167 of the state finance law, as added by chapter
83 of the laws of 1995, subdivision 4 as amended by chapter 137 of the
laws of 2008 and subdivision 9 as added by chapter 261 of the laws of
1996, is amended to read as follows:
S 167. Transfer and disposal of personal property. Personal property
of the state which has been determined to be no longer useful may be
disposed of as set forth in this section. FOR PURPOSES OF THIS SECTION,
"PERSONAL PROPERTY" MEANS TANGIBLE PROPERTY WHICH IS NOT REAL PROPERTY,
AN IMPROVEMENT TO REAL PROPERTY, OR ATTACHED TO REAL PROPERTY.
1. The head of a state agency having custody or control of such prop-
erty, except vehicles, may: (a) dispose of such property in accordance
with applicable express statutory provisions, (b) reuse such property
within the same state agency, (c) use the property in part payment on a
new item which may include, but shall not be limited to, use as a trade-
in or use in a guaranteed brokerage arrangement, (d) with the consent of
the commissioner, place such property in the custody or control of the
office of general services for reuse by other state agencies or for
other disposition, or (e) [where the fair market value of such property
is less than an amount established from time to time by the commission-
er, dispose of such property by such means as the head of such state
agency deems to be in the best interest of the state] DISPOSE OF SUCH
PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVI-
SION THREE OF THIS SECTION. Records of each disposition shall be
retained by the state agency disposing of such property and shall be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09547-02-5
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subject to audit. Where personal property has been purchased from
special funds, a state agency, upon designation of the source of funds
from which such property was purchased, may condition the disposal of
such property on the reimbursement of such special fund [in the amount
of the fair market value of such property]. All NET proceeds realized on
sale or other transfer and not otherwise authorized to be deposited in a
special fund, shall be deposited in the general fund of the state.
2. The head of a state agency having custody or control of vehicles
which have been determined to be no longer useful shall dispose of such
vehicles in accordance with applicable express statutory provisions or
shall place such vehicles in the custody or control of the commissioner
unless otherwise directed by such commissioner.
3. (A) The commissioner may dispose of any personal property of the
state by sale or by such other means as he or she deems to be in the
best interest of the state except that personal property, other than
vehicles OR PROPERTY SUBJECT TO THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION, [which have] THAT HAS been placed in the custody or control
of such commissioner by a state agency shall first be made available for
reuse by other state agencies by advertising such availability as widely
as possible among state agencies. [A record of each disposition shall be
retained and shall be subject to audit. The commissioner may also from
time to time establish a fair market value level below which personal
property determined to be no longer useful may be disposed of immediate-
ly by state agencies through]
(B) UPON APPLICATION TO THE COMMISSIONER BY A STATE AGENCY HAVING
CUSTODY OR CONTROL OF: (I) SURPLUS PERSONAL PROPERTY OF A UNIQUE, EXCEP-
TIONAL OR SINGULAR NATURE, OR (II) PROPERTY DETERMINED TO BE NO LONGER
USEFUL AND NOT CAPABLE OF GENERATING MEASURABLE VALUE, THE COMMISSIONER
MAY DETERMINE THAT IT IS MORE SUITABLE FOR SUCH AGENCY TO SELL OR OTHER-
WISE DISPOSE OF SUCH PROPERTY THROUGH A LOCAL DISPOSITION BY such means
as, in the discretion of such agencies, are in the best interest of the
state. THE COMMISSIONER MAY CONDITION APPROVAL OF SUCH LOCAL DISPOSITION
UPON SUCH CRITERIA AS MAY BE DEEMED PRUDENT AND REASONABLE IN CONSIDER-
ATION OF THE BEST INTERESTS OF THE STATE. SUCH LOCAL DISPOSITION SHALL
BE EXEMPT FROM THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AND
SUBDIVISION FOUR OF THIS SECTION.
(C) A RECORD OF EACH AND EVERY DISPOSITION SHALL BE RETAINED BY THE
AGENCY AND SHALL BE SUBJECT TO AUDIT BY THE COMMISSIONER.
4. (a) [Prior] EXCEPT FOR DISPOSITIONS OF PERSONAL PROPERTY PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, PRIOR to the
public sale of surplus state personal property and if the commissioner
has determined that personal property of the state shall be sold, the
office of general services must first offer to sell such property to
municipalities of the state. The availability of surplus personal prop-
erty, and the offer to sell such property, shall be advertised to muni-
cipalities on the office of general services' website for a minimum of
[seven] THREE BUSINESS days. A municipality shall immediately advise the
commissioner whether or not the municipality wishes to acquire such
personal property. If it wishes to acquire such personal property, a
municipality shall have [thirty] TEN days to arrange delivery of such
property and to conclude the negotiation of the sale. If two or more
municipalities notify the commissioner of their wish to acquire such
personal property, such personal property shall be sold to the highest
offer complying with the terms of the sale as set by the commissioner.
[All] THE NET proceeds of ALL such sales shall be deposited to the cred-
it of the general fund of the state unless otherwise required by law. A
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record of each sale shall be retained BY THE MUNICIPALITY and shall be
subject to audit BY THE COMMISSIONER. After the [thirty] TEN day period
for municipalities to arrange delivery of such property and to conclude
the negotiation of the sale, the property may be disposed of pursuant to
paragraph (b) of this subdivision. For the purposes of this section,
"municipality" shall mean a city, county, town or village.
(b) Where the commissioner has determined that there are no interested
municipalities pursuant to paragraph (a) of this subdivision, the avail-
ability of such property, THE TERMS OF SALE AND THE DATE OF SALE shall
be advertised at least once prior to sale in a local newspaper AND ON
THE OFFICE OF GENERAL SERVICES' WEBSITE FIVE BUSINESS DAYS PRIOR TO THE
DATE OF SALE. Such advertisement shall identify the property, the place
where the terms of sale may be obtained and the date upon which offers
will be received. In cases of emergency or special circumstances, such
notice may be waived if at least three separate and independent offers
are solicited and obtained. Notwithstanding the provisions of this
section, where the property will be sold by public auction over the
internet, such notice may be waived if notification of the availability
of such property is provided on the office of general services' website
five business days prior to sale. Every such sale shall be made to the
highest offer complying with the terms of sale and [all] THE NET
proceeds of ALL such sales shall be deposited to the credit of the
general fund of the state unless otherwise required by law. A record of
each sale shall be retained and shall be subject to audit.
5. The secretary of the senate shall also have the power, at the
request of any member of the senate who shall hereafter resign or whose
term of office shall hereafter terminate, or the surviving spouse of
such member, to sell to such member, or to such surviving spouse, the
chair last occupied by such member in the senate for the sum of twenty-
five dollars, depositing any moneys received from such sale in the
[state treasury] GENERAL FUND; provided, however, that a written request
therefor, accompanied by the payment herein provided, be submitted to
the secretary of the senate within ninety days after any such resigna-
tion or termination of term of office; and provided further that not
more than one such chair may be thus sold, regardless of any service
subsequently rendered as a member of the senate. In the event that any
member of the senate dies leaving no surviving spouse, the secretary of
the senate shall have the power to sell such chair, upon the terms and
conditions hereinabove prescribed, and in the following order of priori-
ty: (i) to any person designated by such member in a writing filed with
the secretary of the senate, or (ii) to a child of such member, if any,
in the order of seniority, (iii) to the father of such member, (iv) to
the mother of such member, (v) to a brother or sister of such member in
the order of seniority.
6. The clerk of the assembly shall have the power, at the request of
any member of the assembly who shall hereafter resign or whose term of
office shall hereafter terminate, or the surviving spouse of such
member, to sell to such member, or to such surviving spouse, the chair
last occupied by such member in the assembly for the sum of twenty-five
dollars, depositing any moneys received from such sale in the [state
treasury] GENERAL FUND; provided, however, that a written request there-
for, accompanied by the payment herein provided, be submitted to the
clerk of the assembly within ninety days after such resignation or
termination of term of office; and provided further that not more than
one such chair may be thus sold, regardless of any service subsequently
rendered as a member of the assembly. In the event that any member of
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the assembly dies leaving no surviving spouse, the clerk of the assembly
shall have the power to sell such chair, upon the terms and conditions
hereinabove prescribed, and in the following order of priority: (i) to
any person designated by such member in a writing filed with the clerk
of the assembly, or (ii) to a child of such member, if any, in the order
of seniority, (iii) to the father of such member, (iv) to the mother of
such member, (v) to a brother or sister of such member in the order of
seniority.
7. The commissioner shall have the power, at the request of a former
governor or head of a state department or agency, or the surviving
spouse of such a former official, to sell to such former official, or to
his or her surviving spouse, selected articles of furniture, in use by
such former official at the termination of his services as governor or
head of a state department or agency in the private offices of the
governor in the executive chamber or in the office occupied by such
former head of a state department or agency, for the reasonable value
thereof as articles of furniture as determined by the commissioner,
depositing any moneys received from such sale in the [state treasury]
GENERAL FUND; provided, however, that a written request therefor, speci-
fying the articles to be purchased, be submitted to the commissioner
within ninety days after the termination of such service.
8. The provisions of subdivision one of this section shall not apply
to the transfer of library books and journals, provided, however, that
in the event any such items are to be transferred or disposed of in a
manner other than as provided by such subdivision, the head of the
department having custody or control of the library book or journal
shall certify that it is no longer needed by the department and a record
of the transfer or disposal, including such certification, shall be
filed with and kept by the office of general services.
9. The application of subdivisions one and three of this section to
the transfer of computers, computer software and computer equipment, not
required for trade-in, reuse within the agency, or requested by another
state agency, shall be in conformity with section one hundred sixty-
eight of this article. Disposal of computer equipment pursuant to para-
graph (e) of subdivision one of this section, or disposal of computer
equipment by an agency in the exercise of its discretion according to
subdivision three of this section shall be deemed to be in the best
interest of the state if in conformity with section one hundred sixty-
eight of this article, or if the head of the disposing agency demon-
strates the existence of a greater state interest in an alternate
disposal. DISPOSAL OF COMPUTERS AND/OR OTHER ELECTRONIC EQUIPMENT,
INCLUDING, BUT NOT LIMITED TO PRINTERS, COPIERS, TELEPHONE FACSIMILE
MACHINES THAT CONTAIN HARD DRIVES OR INTERNAL MEMORY CAPABLE OF STORING
DATA MUST COMPLY WITH STATEWIDE INFORMATION SECURITY POLICIES, STAND-
ARDS, PROTOCOLS AND PROCEDURES ESTABLISHED BY THE OFFICE OF INFORMATION
TECHNOLOGY SERVICES AND THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES. THE MANAGEMENT OF COMPUTERS AND OTHER ELECTRONIC EQUIPMENT
THAT ARE CONSIDERED ELECTRONIC WASTE PURSUANT TO SECTION 27-2601 OF THE
ENVIRONMENTAL CONSERVATION LAW, IN ACCORDANCE WITH THE PROVISIONS OF
SECTIONS 27-2601 THROUGH 27-2621 OF THE ENVIRONMENTAL CONSERVATION LAW,
SHALL BE DEEMED TO BE IN CONFORMITY WITH THE REQUIREMENTS OF THIS
SECTION AND SECTION ONE HUNDRED SIXTY-EIGHT OF THIS ARTICLE.
S 2. This act shall take effect immediately.