NY State Senate Bill 2013-S4306

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to finance
Mar 20, 2013	referred to finance

2013-S4306 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §167, St Fin L

2013-S4306 (ACTIVE) - Summary

Relates to the disposition of surplus state personal property.

2013-S4306 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4306

TITLE  OF BILL:  An act to amend the state finance law, in relation to
the disposition of surplus state personal property

Summary of Provisions:

This bill would amend State Finance Law § 167  to:  (a)  give  greater
flexibility for the Commissioner of General Services (Commissioner) to
authorize  local  disposition  of  surplus  property;  (b) clarify the
definition of personal property; (c) reduce the period for advertising
the availability of surplus property to municipalities; (d)  eliminate
the  requirement  to advertise in local newspapers the availability of
surplus property for sale to the public  and  add  a  requirement  for
advertising  on  the  website of the Office of General Services (OGS);
(e) conform language  pertaining  to  the  treatment  of  proceeds  of
certain  sales; (f) provide that disposition of computers and/or other
electronic equipment must comply with Statewide  information  security
requirements  established  by  the  Division  of Homeland Security and
Emergency Services; and (g) provide for disposition  of  computers  or
other electronic equipment as waste pursuant to the E-Waste law.

Existing Law:

State  Finance Law § 167 provides for the sale or other disposition of
surplus State property, other than real property, and  authorizes  the

Commissioner  to  dispose  of  surplus  State  property  placed in her
custody and control in specified circumstances.

Prior Legislative History

This is a new proposal.

Statement in Support:

These changes are needed to streamline the process for disposition  of
surplus  State  property  by OGS to ensure that the process works more
efficiently and achieves maximum savings for the State. The definition
of "personal property" has been clarified to address situations  where
the  Commissioner's  authority  to  dispose of property is unclear The
clarification to the definition of "personal property" will make clear
that intangible property, such as a broadcast license, is  not  within
the scope of § 167.

The  addition of §167(3)(b) to allow agencies holding surplus property
to dispose of such property with the approval of the Commissioner will
address two different situations. First, if property  is  unique,  the
agency  in  possession often has greater expertise in the sale of such
property. A recent example is the sale of  a  ship  by  SUNY  Maritime
College. The College was in a better position than the Commissioner to
know  the  market  of potential buyers, the value of the property, and
the  regulations  governing  such  sales.  Although  the  Commissioner
granted  the  College  the  authority  to  sell  the  ship under OGS's
existing local disposition authority guidelines (and  imposed  certain
conditions,  including  a  minimum  bid  price and a minimum number of
bidders on the sale), OGS  believes  it  is  preferable  to  have  the
statute  expressly  provide  for  such authority. The second situation


arises when the property has limited value and does not warrant a sale
conducted by the  Commissioner.  A  recent  example  is  the  sale  of
unclaimed  lost  &  found  items  by  SUNY  Potsdam.  Here  again, the
Commissioner granted the College the authority to sell these low-value
items  under  the existing local disposition authority guidelines, but
an express statutory authority would be preferable In each case  where
local  disposition authority is granted, the Commissioner would impose
criteria on the sale that is "prudent and reasonable in  consideration
of the best interests of the state."

Eliminating  the  requirement to advertise the availability of surplus
property in newspapers (and permitting them to be  advertised  on  the
OGS   website)   will   promote  efficiency  and  save  the  costs  of
advertising. Reducing the time for  advertising  the  availability  of
surplus property to municipalities (from 7 calendar days to 3 business
days) and reducing the time in which municipalities must take delivery
(from  30  to  10  days)  is  intended  to  facilitate  the prompt and
efficient disposal of surplus property. OGS personnel have found  that
the  longer time periods have delayed the sale of surplus property and
have provided little or no benefit to municipalities acquiring surplus
property.

The remaining provisions  of  the  bill  are  primarily  technical  in
nature.  Archaic  references to the "state treasury" have been updated
to "general fund " Adding the word "net" to "proceeds" is intended  to
clarify  that OGS is entitled to recoup its costs of conducting a sale
from the sale  proceeds  it  turns  over  to  the  general  kind.  The
provisions   concerning  the  disposal  of  computers  and  electronic
equipment are intended to ensure that such disposal  is  conducted  in
accordance  with  the security policies established by the Division of
Homeland Security and Emergency Services and to  encourage  compliance
with the E-Waste Law.

Budget Implications

This  legislation  is expected to save State resources by streamlining
surplus property disposition procedures.

Local impact:

None

Effective Date:

This act shall take effect immediately

2013-S4306 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4306

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 20, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO -- (at request of the Office of General
  Services) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Finance

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:

  Section 1. Section 167 of the state finance law, as added  by  chapter
83  of  the laws of 1995, subdivision 4 as amended by chapter 137 of the
laws of 2008 and subdivision 9 as added by chapter 261 of  the  laws  of
1996, is amended to read as follows:
  S  167.  Transfer and disposal of personal property. Personal property
of the state which has been determined to be no  longer  useful  may  be
disposed of as set forth in this section.  FOR PURPOSES OF THIS SECTION,
"PERSONAL  PROPERTY" MEANS TANGIBLE PROPERTY WHICH IS NOT REAL PROPERTY,
AN IMPROVEMENT TO REAL PROPERTY, OR ATTACHED TO REAL PROPERTY.
  1. The head of a state agency having custody or control of such  prop-
erty,  except  vehicles, may: (a) dispose of such property in accordance
with applicable express statutory provisions, (b)  reuse  such  property
within  the same state agency, (c) use the property in part payment on a
new item which may include, but shall not be limited to, use as a trade-
in or use in a guaranteed brokerage arrangement, (d) with the consent of
the commissioner, place such property in the custody or control  of  the
office  of  general  services  for  reuse by other state agencies or for
other disposition, or (e) [where the fair market value of such  property
is  less than an amount established from time to time by the commission-
er, dispose of such property by such means as the  head  of  such  state
agency  deems  to  be in the best interest of the state] DISPOSE OF SUCH
PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (B) OF  SUBDIVI-
SION  THREE  OF  THIS  SECTION.  Records  of  each  disposition shall be
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.
                                                           LBD09098-02-3

S. 4306                             2

subject  to  audit.  Where  personal  property  has  been purchased from
special funds, a state agency, upon designation of the source  of  funds
from  which  such  property was purchased, may condition the disposal of
such  property  on the reimbursement of such special fund [in the amount
of the fair market value of such property].  All NET  proceeds  realized
on  sale  or other transfer and not otherwise authorized to be deposited
in a special fund, shall be deposited in the general fund of the state.
  2. The head of a state agency having custody or  control  of  vehicles
which  have been determined to be no longer useful shall dispose of such
vehicles in accordance with applicable express statutory  provisions  or
shall  place such vehicles in the custody or control of the commissioner
unless otherwise directed by such commissioner.
  3. (A) The commissioner may dispose of any personal  property  of  the
state  by  sale  or  by such other means as he or she deems to be in the
best interest of the state except  that  personal  property  other  than
vehicles  OR PROPERTY SUBJECT TO THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION, which [have] HAS been placed in the custody or  control  of
such  commissioner  by  a state agency shall first be made available for
reuse by other state agencies by advertising such availability as widely
as possible among state agencies. A record of each disposition shall  be
retained  and shall be subject to audit. [The commissioner may also from
time to time establish a fair market value level  below  which  personal
property determined to be no longer useful may be disposed of immediate-
ly  by  state  agencies through such means as, in the discretion of such
agencies, are in the best interest of the state.]
  (B) UPON APPLICATION TO THE COMMISSIONER  BY  A  STATE  AGENCY  HAVING
CUSTODY OR CONTROL OF: (I) SURPLUS PERSONAL PROPERTY OF A UNIQUE, EXCEP-
TIONAL  OR  SINGULAR NATURE, OR (II) PROPERTY DETERMINED TO BE NO LONGER
USEFUL AND NOT CAPABLE OF GENERATING MEASURABLE VALUE, THE  COMMISSIONER
MAY DETERMINE THAT IT IS MORE SUITABLE FOR SUCH AGENCY TO SELL OR OTHER-
WISE  DISPOSE  OF SUCH PROPERTY THROUGH A LOCAL DISPOSITION THROUGH SUCH
MEANS AS, IN DIRECTION OF SUCH AGENCIES, ARE IN THE BEST INTEREST OF THE
STATE. THE COMMISSIONER MAY CONDITION APPROVAL OF SUCH LOCAL DISPOSITION
UPON SUCH CRITERIA AS MAY BE DEEMED PRUDENT AND REASONABLE IN  CONSIDER-
ATION  OF  THE BEST INTERESTS OF THE STATE. SUCH LOCAL DISPOSITION SHALL
BE EXEMPT FROM THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AND
SUBDIVISION FOUR OF THIS SECTION.  A RECORD OF EACH AND  EVERY  DISPOSI-
TION  SHALL  BE  RETAINED BY THE AGENCY AND SHALL BE SUBJECT TO AUDIT BY
THE COMMISSIONER.
  4. (a) Prior to the public sale of  surplus  state  personal  property
WHICH  IS  NOT  DISPOSED  OF AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
THREE OF THIS SECTION, and  if  the  commissioner  has  determined  that
personal  property  of  the  state  shall be sold, the office of general
services must first offer to sell such property to municipalities of the
state. The availability of surplus personal property, and the  offer  to
sell  such property, shall be advertised to municipalities on the office
of general services' website for a minimum  of  [seven]  THREE  BUSINESS
days.  A  municipality shall immediately advise the commissioner whether
or not the municipality wishes to acquire such personal property. If  it
wishes  to  acquire  such  personal  property, a municipality shall have
[thirty] TEN days to arrange delivery of such property and  to  conclude
the  negotiation  of  the sale. If two or more municipalities notify the
commissioner of their wish  to  acquire  such  personal  property,  such
personal  property shall be sold to the highest offer complying with the
terms of the sale as set by the commissioner.  [All] THE NET proceeds of
ALL such sales shall be deposited to the credit of the general  fund  of

S. 4306                             3

the  state unless otherwise required by law. A record of each sale shall
be retained and shall be subject to audit. After the  [thirty]  TEN  day
period  for  municipalities  to arrange delivery of such property and to
conclude  the  negotiation  of the sale, the property may be disposed of
pursuant to paragraph (b) of this subdivision. For the purposes of  this
section, "municipality" shall mean a city, county, town or village.
  (b) Where the commissioner has determined that there are no interested
municipalities pursuant to paragraph (a) of this subdivision, the avail-
ability  of  such property, THE TERMS OF SALE AND THE DATE OF SALE shall
be advertised [at least once prior to sale in a local newspaper] ON  THE
OFFICE OF GENERAL SERVICES' WEBSITE FIVE BUSINESS DAYS PRIOR TO THE DATE
OF  SALE.  [Such  advertisement  shall  identify the property, the place
where the terms of sale may be obtained and the date upon  which  offers
will  be received.] In cases of emergency or special circumstances, such
notice may be waived if at least three separate and  independent  offers
are  solicited  and  obtained.  [Notwithstanding  the provisions of this
section, where the property will be sold  by  public  auction  over  the
internet,  such notice may be waived if notification of the availability
of such property is provided on the office of general services'  website
five  business days prior to sale.] Every such sale shall be made to the
highest offer complying with  the  terms  of  sale  and  [all]  THE  NET
proceeds  of  ALL  such  sales  shall  be deposited to the credit of the
general fund of the state unless otherwise required by law. A record  of
each sale shall be retained and shall be subject to audit.
  5.  The  secretary  of  the  senate  shall also have the power, at the
request of any member of the senate who shall hereafter resign or  whose
term  of  office  shall  hereafter terminate, or the surviving spouse of
such member, to sell to such member, or to such  surviving  spouse,  the
chair  last occupied by such member in the senate for the sum of twenty-
five dollars, depositing any moneys  received  from  such  sale  in  the
[state treasury] GENERAL FUND; provided, however, that a written request
therefor,  accompanied  by  the payment herein provided, be submitted to
the secretary of the senate within ninety days after any  such  resigna-
tion  or  termination  of  term of office; and provided further that not
more than one such chair may be thus sold,  regardless  of  any  service
subsequently  rendered  as a member of the senate. In the event that any
member of the senate dies leaving no surviving spouse, the secretary  of
the  senate  shall have the power to sell such chair, upon the terms and
conditions hereinabove prescribed, and in the following order of priori-
ty: (i) to any person designated by such member in a writing filed  with
the  secretary of the senate, or (ii) to a child of such member, if any,
in the order of seniority, (iii) to the father of such member,  (iv)  to
the  mother of such member, (v) to a brother or sister of such member in
the order of seniority.
  6. The clerk of the assembly shall have the power, at the  request  of
any  member  of the assembly who shall hereafter resign or whose term of
office shall hereafter  terminate,  or  the  surviving  spouse  of  such
member,  to  sell to such member, or to such surviving spouse, the chair
last occupied by such member in the assembly for the sum of  twenty-five
dollars,  depositing  any  moneys  received from such sale in the [state
treasury] GENERAL FUND; provided, however, that a written request there-
for, accompanied by the payment herein provided,  be  submitted  to  the
clerk  of  the  assembly  within  ninety  days after such resignation or
termination of term of office; and provided further that not  more  than
one  such chair may be thus sold, regardless of any service subsequently
rendered as a member of the assembly. In the event that  any  member  of

S. 4306                             4

the assembly dies leaving no surviving spouse, the clerk of the assembly
shall  have  the power to sell such chair, upon the terms and conditions
hereinabove prescribed, and in the following order of priority:  (i)  to
any  person  designated by such member in a writing filed with the clerk
of the assembly, or (ii) to a child of such member, if any, in the order
of seniority, (iii) to the father of such member, (iv) to the mother  of
such  member,  (v) to a brother or sister of such member in the order of
seniority.
  7. The commissioner shall have the power, at the request of  a  former
governor  or  head  of  a  state  department or agency, or the surviving
spouse of such a former official, to sell to such former official, or to
his or her surviving spouse, selected articles of furniture, in  use  by
such  former  official at the termination of his services as governor or
head of a state department or agency  in  the  private  offices  of  the
governor  in  the  executive  chamber  or in the office occupied by such
former head of a state department or agency, for  the  reasonable  value
thereof  as  articles  of  furniture  as determined by the commissioner,
depositing any moneys received from such sale in  the  [state  treasury]
GENERAL FUND; provided, however, that a written request therefor, speci-
fying  the  articles  to  be purchased, be submitted to the commissioner
within ninety days after the termination of such service.
  8. The provisions of subdivision one of this section shall  not  apply
to  the  transfer of library books and journals, provided, however, that
in the event any such items are to be transferred or disposed  of  in  a
manner  other  than  as  provided  by  such subdivision, the head of the
department having custody or control of  the  library  book  or  journal
shall certify that it is no longer needed by the department and a record
of  the  transfer  or  disposal,  including such certification, shall be
filed with and kept by the office of general services.
  9. The application of subdivisions one and three of  this  section  to
the transfer of computers, computer software and computer equipment, not
required  for trade-in, reuse within the agency, or requested by another
state agency, shall be in conformity with  section  one  hundred  sixty-
eight  of this article. Disposal of computer equipment pursuant to para-
graph (e) of subdivision one of this section, or  disposal  of  computer
equipment  by  an  agency in the exercise of its discretion according to
subdivision three of this section shall be deemed  to  be  in  the  best
interest  of  the state if in conformity with section one hundred sixty-
eight of this article, or if the head of  the  disposing  agency  demon-
strates  the  existence  of  a  greater  state  interest in an alternate
disposal. DISPOSAL  OF  COMPUTERS  AND/OR  OTHER  ELECTRONIC  EQUIPMENT,
INCLUDING,  BUT  NOT  LIMITED  TO PRINTERS, COPIERS, TELEPHONE FACSIMILE
MACHINES THAT CONTAIN HARD DRIVES OR INTERNAL MEMORY CAPABLE OF  STORING
DATA  MUST  COMPLY  WITH STATEWIDE INFORMATION SECURITY POLICIES, STAND-
ARDS, PROTOCOLS AND PROCEDURES ESTABLISHED BY THE DIVISION  OF  HOMELAND
SECURITY  AND  EMERGENCY  SERVICES.  DISPOSAL  OF COMPUTERS AND/OR OTHER
ELECTRONIC EQUIPMENT WHICH HAVE BEEN DETERMINED TO BE WASTE PURSUANT  TO
SECTION 27-2601 OF THE ENVIRONMENTAL CONSERVATION LAW, BY MEANS DETAILED
IN  THE  PROVISIONS  OF  SECTION 27-2601 THROUGH 27-2621 OF THE ENVIRON-
MENTAL CONSERVATION LAW, SHALL BE DEEMED TO BE IN  CONFORMITY  WITH  THE
REQUIREMENTS OF THIS SECTION AND SECTION ONE HUNDRED SIXTY-EIGHT OF THIS
ARTICLE.
  S 2. This act shall take effect immediately.

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Senate Bill S4306

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2013-S4306 (ACTIVE) - Details

2013-S4306 (ACTIVE) - Summary

2013-S4306 (ACTIVE) - Sponsor Memo

2013-S4306 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4306

Share this bill

Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Finance Committee

2013-S4306 (ACTIVE) - Details

2013-S4306 (ACTIVE) - Summary

2013-S4306 (ACTIVE) - Sponsor Memo

2013-S4306 (ACTIVE) - Bill Text download pdf

Comments