S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6431
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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 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:
 
   Section  1.  Subdivision 1 of section 167 of the state finance law, as
 added by chapter 83 of the laws of 1995, is amended and a  new  subdivi-
 sion 1-a is added to read as follows:
   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, (E) WITH THE CONSENT OF THE COMMISSIONER, PLACE SUCH
 PROPERTY IN THE CUSTODY OR  CONTROL  OF  A  PRE-APPROVED  NOT-FOR-PROFIT
 ORGANIZATION,  or [(e)] (F) 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.  Records  of  each
 disposition  shall  be  retained  by  the state agency disposing of such
 property and shall be 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 proceeds
 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
              

 S. 6431                             2
 
 deposited  in  a special fund, shall be deposited in the general fund of
 the state.
   1-A.  NOT-FOR-PROFIT  ORGANIZATIONS PRE-APPROVED PURSUANT TO PARAGRAPH
 (E) OF SUBDIVISION ONE OF THIS SECTION SHALL BE COMPILED BY THE ATTORNEY
 GENERAL'S CHARITIES BUREAU. WHEN INITIALLY REGISTERING OR FILING  ANNUAL
 REPORTS  WITH  THE  ATTORNEY  GENERAL'S  CHARITIES BUREAU, ORGANIZATIONS
 SHALL BE PERMITTED TO OPT INTO THE PRE-APPROVED LIST OF ELIGIBLE  ORGAN-
 IZATIONS.   SUCH PRE-APPROVAL SHALL ALLOW SUCH ORGANIZATIONS TO APPLY TO
 RECEIVE SURPLUS STATE PROPERTY PURSUANT TO THIS SUBDIVISION AND SUBDIVI-
 SION ONE OF THIS SECTION. ANY ORGANIZATION THAT IS NOT  UP  TO  DATE  IN
 THEIR  ANNUAL  FILINGS SHALL BE REMOVED FROM THE PRE-APPROVED LIST UNTIL
 SUCH FILINGS ARE UPDATED. ANY ORGANIZATION FOUND TO BE IN  VIOLATION  AS
 DETERMINED  BY  THE ATTORNEY GENERAL'S CHARITIES BUREAU SHALL BE REMOVED
 FROM THE PRE-APPROVED LIST.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.