Bill Text: NY A06494 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Allows for the donation of personal property of the state to certain not-for-profit organizations that are up to date on annual filings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-03 - REFERRED TO RULES [A06494 Detail]

Download: New_York-2023-A06494-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6494

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 12, 2023
                                       ___________

        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Governmental Operations

        AN ACT to amend the state finance law, in relation to allowing  for  the
          donation  of  personal property of the state to certain not-for-profit
          organizations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 1 of section 167 of the state finance law, as
     2  added by chapter 83 of the laws of 1995, is amended and a  new  subdivi-
     3  sion 1-a is added to read as follows:
     4    1.  The head of a state agency having custody or control of such prop-
     5  erty, except vehicles, may: (a) dispose of such property  in  accordance
     6  with  applicable  express  statutory provisions, (b) reuse such property
     7  within the same state agency, (c) use the property in part payment on  a
     8  new item which may include, but shall not be limited to, use as a trade-
     9  in or use in a guaranteed brokerage arrangement, (d) with the consent of
    10  the  commissioner,  place such property in the custody or control of the
    11  office of general services for reuse by  other  state  agencies  or  for
    12  other  disposition, (e) with the consent of the commissioner, place such
    13  property in the custody or  control  of  a  pre-approved  not-for-profit
    14  organization,  or [(e)] (f) where the fair market value of such property
    15  is less than an amount established from time to time by the  commission-
    16  er,  dispose  of  such  property by such means as the head of such state
    17  agency deems to be in the best interest of the state.  Records  of  each
    18  disposition  shall  be  retained  by  the state agency disposing of such
    19  property and shall be subject to audit. Where personal property has been
    20  purchased from special funds, a state agency, upon  designation  of  the
    21  source  of  funds  from which such property was purchased, may condition
    22  the disposal of such property on the reimbursement of such special  fund
    23  in  the  amount of the fair market value of such property.  All proceeds
    24  realized on sale or other transfer and not otherwise  authorized  to  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10719-01-3
        A. 6494                             2

     1  deposited  in  a special fund, shall be deposited in the general fund of
     2  the state.
     3    1-a.  Not-for-profit  organizations pre-approved pursuant to paragraph
     4  (e) of subdivision one of this section shall be compiled by the attorney
     5  general's charities bureau. When initially registering or filing  annual
     6  reports  with  the  attorney  general's  charities bureau, organizations
     7  shall be permitted to opt into the pre-approved list of eligible  organ-
     8  izations.   Such pre-approval shall allow such organizations to apply to
     9  receive surplus state property pursuant to this subdivision and subdivi-
    10  sion one of this section. Any organization that is not  up  to  date  in
    11  their  annual  filings shall be removed from the pre-approved list until
    12  such filings are updated. Any organization found to be in  violation  as
    13  determined  by  the attorney general's charities bureau shall be removed
    14  from the pre-approved list.
    15    § 2. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law.