NY State Fin L § 167 (2021)
2021 New York Laws STF - State Finance Article 11 - State Purchasing 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  for the sum of twenty-five dollars, 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 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;   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 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; 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.