§ 167 — Transfer and disposal of personal property

New York § 167

• Jurisdiction: New York
• Law STF: State Finance
• Art. 11: State Purchasing

Text

§ 167. Transfer and disposal of personal property. Personal property\nof the state which has been determined to be no longer useful may be\ndisposed of as set forth in this section.\n 1. The head of a state agency having custody or control of such\nproperty, except vehicles, may: (a) dispose of such property in\naccordance with applicable express statutory provisions, (b) reuse such\nproperty within the same state agency, (c) use the property in part\npayment on a new item which may include, but shall not be limited to,\nuse as a trade-in or use in a guaranteed brokerage arrangement, (d) with\nthe consent of the commissioner, place such property in the custody or\ncontrol of the office of general services for reuse by other state\nagencies or for other disposition, or (e) where the fair market value of\nsuch property is less than an amount established from time to time by\nthe commissioner, dispose of such property by such means as the head of\nsuch state agency deems to be in the best interest of the state. Records\nof each disposition shall be retained by the state agency disposing of\nsuch property and shall be subject to audit. Where personal property has\nbeen purchased from special funds, a state agency, upon designation of\nthe source of funds from which such property was purchased, may\ncondition the disposal of such property on the reimbursement of such\nspecial fund in the amount of the fair market value of such property.\nAll proceeds realized on sale or other transfer and not otherwise\nauthorized to be deposited in a special fund, shall be deposited in the\ngeneral fund of the state.\n 2. The head of a state agency having custody or control of vehicles\nwhich have been determined to be no longer useful shall dispose of such\nvehicles in accordance with applicable express statutory provisions or\nshall place such vehicles in the custody or control of the commissioner\nunless otherwise directed by such commissioner.\n 3. The commissioner may dispose of any personal property of the state\nby sale or by such other means as he or she deems to be in the best\ninterest of the state except that personal property other than vehicles\nwhich have been placed in the custody or control of such commissioner by\na state agency shall first be made available for reuse by other state\nagencies by advertising such availability as widely as possible among\nstate agencies. A record of each disposition shall be retained and shall\nbe subject to audit. The commissioner may also from time to time\nestablish a fair market value level below which personal property\ndetermined to be no longer useful may be disposed of immediately by\nstate agencies through such means as, in the discretion of such\nagencies, are in the best interest of the state.\n 4. (a) Prior to the public sale of surplus state personal property and\nif the commissioner has determined that personal property of the state\nshall be sold, the office of general services must first offer to sell\nsuch property to municipalities of the state. The availability of\nsurplus personal property, and the offer to sell such property, shall be\nadvertised to municipalities on the office of general services' website\nfor a minimum of seven days. A municipality shall immediately advise the\ncommissioner whether or not the municipality wishes to acquire such\npersonal property. If it wishes to acquire such personal property, a\nmunicipality shall have thirty days to arrange delivery of such property\nand to conclude the negotiation of the sale. If two or more\nmunicipalities notify the commissioner of their wish to acquire such\npersonal property, such personal property shall be sold to the highest\noffer complying with the terms of the sale as set by the commissioner.\nAll proceeds of such sales shall be deposited to the credit of the\ngeneral fund of the state unless otherwise required by law. A record of\neach sale shall be retained and shall be subject to audit. After the\nthirty day period for municipalities to arrange delivery of such\nproperty and to conclude the negotiation of the sale, the property may\nbe disposed of pursuant to paragraph (b) of this subdivision. For the\npurposes of this section, "municipality" shall mean a city, county, town\nor village.\n (b) Where the commissioner has determined that there are no interested\nmunicipalities pursuant to paragraph (a) of this subdivision, the\navailability of such property shall be advertised at least once prior to\nsale in a local newspaper. Such advertisement shall identify the\nproperty, the place where the terms of sale may be obtained and the date\nupon which offers will be received. In cases of emergency or special\ncircumstances, such notice may be waived if at least three separate and\nindependent offers are solicited and obtained. Notwithstanding the\nprovisions of this section, where the property will be sold by public\nauction over the internet, such notice may be waived if notification of\nthe availability of such property is provided on the office of general\nservices' website five business days prior to sale. Every such sale\nshall be made to the highest offer complying with the terms of sale and\nall proceeds of such sales shall be deposited to the credit of the\ngeneral fund of the state unless otherwise required by law. A record of\neach sale shall be retained and shall be subject to audit.\n 5. The secretary of the senate shall also have the power, at the\nrequest of any member of the senate who shall hereafter resign or whose\nterm of office shall hereafter terminate, or the surviving spouse of\nsuch member, to sell to such member, or to such surviving spouse, the\nchair last occupied by such member in the senate at a cost set at the\ndiscretion of the secretary of the senate, depositing any moneys\nreceived from such sale in the state treasury; provided, however, that a\nwritten request therefor, accompanied by the payment herein provided, be\nsubmitted to the secretary of the senate within ninety days after any\nsuch resignation or termination of term of office; and provided further\nthat not more than one such chair may be thus sold, regardless of any\nservice subsequently rendered as a member of the senate. In the event\nthat any member of the senate dies leaving no surviving spouse, the\nsecretary of the senate shall have the power to sell such chair, upon\nthe terms and conditions hereinabove prescribed, and in the following\norder of priority: (i) to any person designated by such member in a\nwriting filed with the secretary of the senate, or (ii) to a child of\nsuch member, if any, in the order of seniority, (iii) to any parent or\nparents of such member, (iv) to siblings of such member, in the order of\nseniority.\n 6. The clerk of the assembly shall have the power, at the request of\nany member of the assembly who shall hereafter resign or whose term of\noffice shall hereafter terminate, or the surviving spouse of such\nmember, to sell to such member, or to such surviving spouse, the chair\nlast occupied by such member in the assembly at a cost set at the\ndiscretion of the clerk of the assembly, depositing any moneys received\nfrom such sale in the state treasury; provided, however, that a written\nrequest therefor, accompanied by the payment herein provided, be\nsubmitted to the clerk of the assembly within ninety days after such\nresignation or termination of term of office; and provided further that\nnot more than one such chair may be thus sold, regardless of any service\nsubsequently rendered as a member of the assembly. In the event that any\nmember of the assembly dies leaving no surviving spouse, the clerk of\nthe assembly shall have the power to sell such chair, upon the terms and\nconditions hereinabove prescribed, and in the following order of\npriority: (i) to any person designated by such member in a writing filed\nwith the clerk of the assembly, or (ii) to a child of such member, if\nany, in the order of seniority, (iii) to any parent or parents of such\nmember, (iv) to siblings of such member, in the order of seniority.\n 7. The commissioner shall have the power, at the request of a former\ngovernor or head of a state department or agency, or the surviving\nspouse of such a former official, to sell to such former official, or to\nhis or her surviving spouse, selected articles of furniture, in use by\nsuch former official at the termination of his services as governor or\nhead of a state department or agency in the private offices of the\ngovernor in the executive chamber or in the office occupied by such\nformer head of a state department or agency, for the reasonable value\nthereof as articles of furniture as determined by the commissioner,\ndepositing any moneys received from such sale in the state treasury;\nprovided, however, that a written request therefor, specifying the\narticles to be purchased, be submitted to the commissioner within ninety\ndays after the termination of such service.\n 8. The provisions of subdivision one of this section shall not apply\nto the transfer of library books and journals, provided, however, that\nin the event any such items are to be transferred or disposed of in a\nmanner other than as provided by such subdivision, the head of the\ndepartment having custody or control of the library book or journal\nshall certify that it is no longer needed by the department and a record\nof the transfer or disposal, including such certification, shall be\nfiled with and kept by the office of general services.\n 9. The application of subdivisions one and three of this section to\nthe transfer of computers, computer software and computer equipment, not\nrequired for trade-in, reuse within the agency, or requested by another\nstate agency, shall be in conformity with section one hundred\nsixty-eight of this article. Disposal of computer equipment pursuant to\nparagraph (e) of subdivision one of this section, or disposal of\ncomputer equipment by an agency in the exercise of its discretion\naccording to subdivision three of this section shall be deemed to be in\nthe best interest of the state if in conformity with section one hundred\nsixty-eight of this article, or if the head of the disposing agency\ndemonstrates the existence of a greater state interest in an alternate\ndisposal.\n