§ 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.

1. The head of a state agency having custody or control of such
property, 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 commissioner, 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 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. 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
which have 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 immediately by
state agencies through such means as, in the discretion of such
agencies, are in the best interest of the state.

4. (a) Prior to the public sale of surplus state personal property 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 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 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 proceeds of 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. After the
thirty 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
availability of such property shall be advertised at least once prior to
sale in a local newspaper. 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 proceeds of 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 at a cost set at the
discretion of the secretary of the senate, depositing any moneys
received from such sale in the state treasury; 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 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 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 priority: (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 any parent or
parents of such member, (iv) to siblings 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 at a cost set at the
discretion of the clerk of the assembly, depositing any moneys received
from such sale in the state treasury; provided, however, that a written
request therefor, 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 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 any parent or parents of such
member, (iv) to siblings 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;
provided, however, that a written request therefor, specifying 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
paragraph (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
demonstrates the existence of a greater state interest in an alternate
disposal.