NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6494A
SPONSOR: Fahy TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL::
Allows for the donation of personal property of the state to certain
not-for-profit organizations
SUMMARY OF SPECIFIC PROVISIONS::
Section 1: Amends subdivision 1 to section 167 of the state finance Law
to permit the donation of certain state property to approved not-forpro-
fit organizations with the consent of certain agency commissioners.
Section 2: Sets the effective date.
JUSTIFICATION::
Many surplus property programs administered by state agencies in New
York are antiquated and have unintended environmental consequences. The
Office of General Services' surplus process for state assets requires
that excess property be offered for further state use within an agency;
to offer said property to other agencies if unclaimed within the origi-
nating agency; to offer said property to municipalities if the property
remains further unclaimed; and finally to offer such property for sale
at auction to the public if it remains unclaimed. If surplus property is
not sold at auction, current state policy requires that the property is
landfilled or incinerated if recycling options do not exist. This proc-
ess can result in the unnecessary disposal of property purchased with
state funds which oftentimes may have additional years of usefulness. By
allowing donations of unused state property to pre-approved non-profit
organizations, this legislation would allow New York to shrink the envi-
ronmental impact of excess state property while supporting charitable
organizations.
PRIOR LEGISLATIVE HISTORY::
New Bill
FISCAL IMPLICATION::
To be determined.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6494--A
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 -- recommitted to the Committee on Govern-
mental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 to read as follows:
3 1. The head of a state agency having custody or control of such prop-
4 erty, except vehicles, may: (a) dispose of such property in accordance
5 with applicable express statutory provisions, (b) reuse such property
6 within the same state agency, (c) use the property in part payment on a
7 new item which may include, but shall not be limited to, use as a trade-
8 in or use in a guaranteed brokerage arrangement, (d) with the consent of
9 the commissioner, place such property in the custody or control of the
10 office of general services for reuse by other state agencies or for
11 other disposition, or (e) where the fair market value of such property
12 is less than an amount established from time to time by the commission-
13 er, dispose of such property by such means as the head of such state
14 agency deems to be in the best interest of the state or donate such
15 property to a 501(c)(3) not-for-profit organization that is up to date
16 on their annual filings. Records of each disposition shall be retained
17 by the state agency disposing of such property and shall be subject to
18 audit. Where personal property has been purchased from special funds, a
19 state agency, upon designation of the source of funds from which such
20 property was purchased, may condition the disposal of such property on
21 the reimbursement of such special fund in the amount of the fair market
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10719-02-4
A. 6494--A 2
1 value of such property. All proceeds realized on sale or other transfer
2 and not otherwise authorized to be deposited in a special fund, shall be
3 deposited in the general fund of the state.
4 § 2. This act shall take effect on the one hundred eightieth day after
5 it shall have become a law.
