Allows for the donation of personal property of the state to certain not-for-profit organizations, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4723
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2025
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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:
 
   Section 1. Subdivision 1 of section 167 of the state finance  law,  as
 added by chapter 83 of the laws of 1995, is amended 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,  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  OR  DONATE  SUCH
 PROPERTY  TO  A 501(C)(3) NOT-FOR-PROFIT ORGANIZATION THAT IS UP TO DATE
 ON THEIR ANNUAL FILINGS. 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. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03178-01-5