Bill Text: NY A07581 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the disposition of surplus state personal property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A07581 Detail]
Download: New_York-2015-A07581-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7581 2015-2016 Regular Sessions I N A S S E M B L Y May 19, 2015 ___________ Introduced by M. of A. PEOPLES-STOKES -- (at request of the Office of General Services) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to the disposition of surplus state personal property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 167 of the state finance law, as added by chapter 2 83 of the laws of 1995, subdivision 4 as amended by chapter 137 of the 3 laws of 2008 and subdivision 9 as added by chapter 261 of the laws of 4 1996, is amended to read as follows: 5 S 167. Transfer and disposal of personal property. Personal property 6 of the state which has been determined to be no longer useful may be 7 disposed of as set forth in this section. FOR PURPOSES OF THIS SECTION, 8 "PERSONAL PROPERTY" MEANS TANGIBLE PROPERTY WHICH IS NOT REAL PROPERTY, 9 AN IMPROVEMENT TO REAL PROPERTY, OR ATTACHED TO REAL PROPERTY. 10 1. The head of a state agency having custody or control of such prop- 11 erty, except vehicles, may: (a) dispose of such property in accordance 12 with applicable express statutory provisions, (b) reuse such property 13 within the same state agency, (c) use the property in part payment on a 14 new item which may include, but shall not be limited to, use as a trade- 15 in or use in a guaranteed brokerage arrangement, (d) with the consent of 16 the commissioner, place such property in the custody or control of the 17 office of general services for reuse by other state agencies or for 18 other disposition, or (e) [where the fair market value of such property 19 is less than an amount established from time to time by the commission- 20 er, dispose of such property by such means as the head of such state 21 agency deems to be in the best interest of the state] DISPOSE OF SUCH 22 PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVI- 23 SION THREE OF THIS SECTION. Records of each disposition shall be 24 retained by the state agency disposing of such property and shall be EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09547-02-5 A. 7581 2 1 subject to audit. Where personal property has been purchased from 2 special funds, a state agency, upon designation of the source of funds 3 from which such property was purchased, may condition the disposal of 4 such property on the reimbursement of such special fund [in the amount 5 of the fair market value of such property]. All NET proceeds realized on 6 sale or other transfer and not otherwise authorized to be deposited in a 7 special fund, shall be deposited in the general fund of the state. 8 2. The head of a state agency having custody or control of vehicles 9 which have been determined to be no longer useful shall dispose of such 10 vehicles in accordance with applicable express statutory provisions or 11 shall place such vehicles in the custody or control of the commissioner 12 unless otherwise directed by such commissioner. 13 3. (A) The commissioner may dispose of any personal property of the 14 state by sale or by such other means as he or she deems to be in the 15 best interest of the state except that personal property, other than 16 vehicles OR PROPERTY SUBJECT TO THE PROVISIONS OF PARAGRAPH (B) OF THIS 17 SUBDIVISION, [which have] THAT HAS been placed in the custody or control 18 of such commissioner by a state agency shall first be made available for 19 reuse by other state agencies by advertising such availability as widely 20 as possible among state agencies. [A record of each disposition shall be 21 retained and shall be subject to audit. The commissioner may also from 22 time to time establish a fair market value level below which personal 23 property determined to be no longer useful may be disposed of immediate- 24 ly by state agencies through] 25 (B) UPON APPLICATION TO THE COMMISSIONER BY A STATE AGENCY HAVING 26 CUSTODY OR CONTROL OF: (I) SURPLUS PERSONAL PROPERTY OF A UNIQUE, EXCEP- 27 TIONAL OR SINGULAR NATURE, OR (II) PROPERTY DETERMINED TO BE NO LONGER 28 USEFUL AND NOT CAPABLE OF GENERATING MEASURABLE VALUE, THE COMMISSIONER 29 MAY DETERMINE THAT IT IS MORE SUITABLE FOR SUCH AGENCY TO SELL OR OTHER- 30 WISE DISPOSE OF SUCH PROPERTY THROUGH A LOCAL DISPOSITION BY such means 31 as, in the discretion of such agencies, are in the best interest of the 32 state. THE COMMISSIONER MAY CONDITION APPROVAL OF SUCH LOCAL DISPOSITION 33 UPON SUCH CRITERIA AS MAY BE DEEMED PRUDENT AND REASONABLE IN CONSIDER- 34 ATION OF THE BEST INTERESTS OF THE STATE. SUCH LOCAL DISPOSITION SHALL 35 BE EXEMPT FROM THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AND 36 SUBDIVISION FOUR OF THIS SECTION. 37 (C) A RECORD OF EACH AND EVERY DISPOSITION SHALL BE RETAINED BY THE 38 AGENCY AND SHALL BE SUBJECT TO AUDIT BY THE COMMISSIONER. 39 4. (a) [Prior] EXCEPT FOR DISPOSITIONS OF PERSONAL PROPERTY PURSUANT 40 TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, PRIOR to the 41 public sale of surplus state personal property and if the commissioner 42 has determined that personal property of the state shall be sold, the 43 office of general services must first offer to sell such property to 44 municipalities of the state. The availability of surplus personal prop- 45 erty, and the offer to sell such property, shall be advertised to muni- 46 cipalities on the office of general services' website for a minimum of 47 [seven] THREE BUSINESS days. A municipality shall immediately advise the 48 commissioner whether or not the municipality wishes to acquire such 49 personal property. If it wishes to acquire such personal property, a 50 municipality shall have [thirty] TEN days to arrange delivery of such 51 property and to conclude the negotiation of the sale. If two or more 52 municipalities notify the commissioner of their wish to acquire such 53 personal property, such personal property shall be sold to the highest 54 offer complying with the terms of the sale as set by the commissioner. 55 [All] THE NET proceeds of ALL such sales shall be deposited to the cred- 56 it of the general fund of the state unless otherwise required by law. A A. 7581 3 1 record of each sale shall be retained BY THE MUNICIPALITY and shall be 2 subject to audit BY THE COMMISSIONER. After the [thirty] TEN day period 3 for municipalities to arrange delivery of such property and to conclude 4 the negotiation of the sale, the property may be disposed of pursuant to 5 paragraph (b) of this subdivision. For the purposes of this section, 6 "municipality" shall mean a city, county, town or village. 7 (b) Where the commissioner has determined that there are no interested 8 municipalities pursuant to paragraph (a) of this subdivision, the avail- 9 ability of such property, THE TERMS OF SALE AND THE DATE OF SALE shall 10 be advertised at least once prior to sale in a local newspaper AND ON 11 THE OFFICE OF GENERAL SERVICES' WEBSITE FIVE BUSINESS DAYS PRIOR TO THE 12 DATE OF SALE. Such advertisement shall identify the property, the place 13 where the terms of sale may be obtained and the date upon which offers 14 will be received. In cases of emergency or special circumstances, such 15 notice may be waived if at least three separate and independent offers 16 are solicited and obtained. Notwithstanding the provisions of this 17 section, where the property will be sold by public auction over the 18 internet, such notice may be waived if notification of the availability 19 of such property is provided on the office of general services' website 20 five business days prior to sale. Every such sale shall be made to the 21 highest offer complying with the terms of sale and [all] THE NET 22 proceeds of ALL such sales shall be deposited to the credit of the 23 general fund of the state unless otherwise required by law. A record of 24 each sale shall be retained and shall be subject to audit. 25 5. The secretary of the senate shall also have the power, at the 26 request of any member of the senate who shall hereafter resign or whose 27 term of office shall hereafter terminate, or the surviving spouse of 28 such member, to sell to such member, or to such surviving spouse, the 29 chair last occupied by such member in the senate for the sum of twenty- 30 five dollars, depositing any moneys received from such sale in the 31 [state treasury] GENERAL FUND; provided, however, that a written request 32 therefor, accompanied by the payment herein provided, be submitted to 33 the secretary of the senate within ninety days after any such resigna- 34 tion or termination of term of office; and provided further that not 35 more than one such chair may be thus sold, regardless of any service 36 subsequently rendered as a member of the senate. In the event that any 37 member of the senate dies leaving no surviving spouse, the secretary of 38 the senate shall have the power to sell such chair, upon the terms and 39 conditions hereinabove prescribed, and in the following order of priori- 40 ty: (i) to any person designated by such member in a writing filed with 41 the secretary of the senate, or (ii) to a child of such member, if any, 42 in the order of seniority, (iii) to the father of such member, (iv) to 43 the mother of such member, (v) to a brother or sister of such member in 44 the order of seniority. 45 6. The clerk of the assembly shall have the power, at the request of 46 any member of the assembly who shall hereafter resign or whose term of 47 office shall hereafter terminate, or the surviving spouse of such 48 member, to sell to such member, or to such surviving spouse, the chair 49 last occupied by such member in the assembly for the sum of twenty-five 50 dollars, depositing any moneys received from such sale in the [state 51 treasury] GENERAL FUND; provided, however, that a written request there- 52 for, accompanied by the payment herein provided, be submitted to the 53 clerk of the assembly within ninety days after such resignation or 54 termination of term of office; and provided further that not more than 55 one such chair may be thus sold, regardless of any service subsequently 56 rendered as a member of the assembly. In the event that any member of A. 7581 4 1 the assembly dies leaving no surviving spouse, the clerk of the assembly 2 shall have the power to sell such chair, upon the terms and conditions 3 hereinabove prescribed, and in the following order of priority: (i) to 4 any person designated by such member in a writing filed with the clerk 5 of the assembly, or (ii) to a child of such member, if any, in the order 6 of seniority, (iii) to the father of such member, (iv) to the mother of 7 such member, (v) to a brother or sister of such member in the order of 8 seniority. 9 7. The commissioner shall have the power, at the request of a former 10 governor or head of a state department or agency, or the surviving 11 spouse of such a former official, to sell to such former official, or to 12 his or her surviving spouse, selected articles of furniture, in use by 13 such former official at the termination of his services as governor or 14 head of a state department or agency in the private offices of the 15 governor in the executive chamber or in the office occupied by such 16 former head of a state department or agency, for the reasonable value 17 thereof as articles of furniture as determined by the commissioner, 18 depositing any moneys received from such sale in the [state treasury] 19 GENERAL FUND; provided, however, that a written request therefor, speci- 20 fying the articles to be purchased, be submitted to the commissioner 21 within ninety days after the termination of such service. 22 8. The provisions of subdivision one of this section shall not apply 23 to the transfer of library books and journals, provided, however, that 24 in the event any such items are to be transferred or disposed of in a 25 manner other than as provided by such subdivision, the head of the 26 department having custody or control of the library book or journal 27 shall certify that it is no longer needed by the department and a record 28 of the transfer or disposal, including such certification, shall be 29 filed with and kept by the office of general services. 30 9. The application of subdivisions one and three of this section to 31 the transfer of computers, computer software and computer equipment, not 32 required for trade-in, reuse within the agency, or requested by another 33 state agency, shall be in conformity with section one hundred sixty- 34 eight of this article. Disposal of computer equipment pursuant to para- 35 graph (e) of subdivision one of this section, or disposal of computer 36 equipment by an agency in the exercise of its discretion according to 37 subdivision three of this section shall be deemed to be in the best 38 interest of the state if in conformity with section one hundred sixty- 39 eight of this article, or if the head of the disposing agency demon- 40 strates the existence of a greater state interest in an alternate 41 disposal. DISPOSAL OF COMPUTERS AND/OR OTHER ELECTRONIC EQUIPMENT, 42 INCLUDING, BUT NOT LIMITED TO PRINTERS, COPIERS, TELEPHONE FACSIMILE 43 MACHINES THAT CONTAIN HARD DRIVES OR INTERNAL MEMORY CAPABLE OF STORING 44 DATA MUST COMPLY WITH STATEWIDE INFORMATION SECURITY POLICIES, STAND- 45 ARDS, PROTOCOLS AND PROCEDURES ESTABLISHED BY THE OFFICE OF INFORMATION 46 TECHNOLOGY SERVICES AND THE DIVISION OF HOMELAND SECURITY AND EMERGENCY 47 SERVICES. THE MANAGEMENT OF COMPUTERS AND OTHER ELECTRONIC EQUIPMENT 48 THAT ARE CONSIDERED ELECTRONIC WASTE PURSUANT TO SECTION 27-2601 OF THE 49 ENVIRONMENTAL CONSERVATION LAW, IN ACCORDANCE WITH THE PROVISIONS OF 50 SECTIONS 27-2601 THROUGH 27-2621 OF THE ENVIRONMENTAL CONSERVATION LAW, 51 SHALL BE DEEMED TO BE IN CONFORMITY WITH THE REQUIREMENTS OF THIS 52 SECTION AND SECTION ONE HUNDRED SIXTY-EIGHT OF THIS ARTICLE. 53 S 2. This act shall take effect immediately.