A06494 Summary:

Amd §167, St Fin L
Allows for the donation of personal property of the state to certain pre-approved not-for-profit organizations; allows not-for-profit organizations to apply for pre-approval to receive surplus state property.
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A06494 Actions:

04/12/2023referred to governmental operations
01/03/2024referred to governmental operations
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A06494 Committee Votes:

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A06494 Floor Votes:

There are no votes for this bill in this legislative session.
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A06494 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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.. New paragraph (e) allows for the donation of certain state proper- ty to approved not-for-profit organizations with the consent of certain agency commissioners. New section 1-a establishes that a list of eligible pre-approved not- forprofit organizations shall be established by the Attorney General's charities bureau. Provides a process for pre-approval and removal from the pre-approved list. 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.
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A06494 Text:

                STATE OF NEW YORK
                               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
          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.

        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.
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