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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6494
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.. 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.
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.
