2023 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 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.