N.Y. State Finance Law § 167: Transfer and disposal of personal property

§ 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.

1. The head of a state agency having custody or control of such

property, 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 commissioner, dispose of such property by such means as the head of

such state agency deems to be in the best interest of the state. Records

of each disposition shall be retained by the state agency disposing of

such property and shall be 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 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. 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

which have 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 immediately by

state agencies through such means as, in the discretion of such

agencies, are in the best interest of the state.

4. (a) 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 property, and the offer to sell such property, shall be

advertised to municipalities on the office of general services' website

for a minimum of seven 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 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 proceeds of 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. After the

thirty 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

availability of such property shall be advertised at least once prior to

sale in a local newspaper. 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 proceeds of 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 at a cost set at the

discretion of the secretary of the senate, depositing any moneys

received from such sale in the state treasury; 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 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 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 priority: (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 any parent or

parents of such member, (iv) to siblings 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 at a cost set at the

discretion of the clerk of the assembly, depositing any moneys received

from such sale in the state treasury; provided, however, that a written

request therefor, 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 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 any parent or parents of such

member, (iv) to siblings 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;

provided, however, that a written request therefor, specifying 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

paragraph (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

demonstrates the existence of a greater state interest in an alternate

disposal.