New York State Finance Code § 167

Transfer and disposal of personal property
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§ 167. Transfer and disposal of personal property. Personal property\nof the state which has been determined to be no longer useful may be\ndisposed of as set forth in this section.\n  1. The head of a state agency having custody or control of such\nproperty, except vehicles, may: (a) dispose of such property in\naccordance with applicable express statutory provisions, (b) reuse such\nproperty within the same state agency, (c) use the property in part\npayment on a new item which may include, but shall not be limited to,\nuse as a trade-in or use in a guaranteed brokerage arrangement, (d) with\nthe consent of the commissioner, place such property in the custody or\ncontrol of the office of general services for reuse by other state\nagencies or for other disposition, or (e) where the fair market value of\nsuch property is less than an amount established from time to time by\nthe commissioner, dispose of such property by such means as the head of\nsuch state agency deems to be in the best interest of the state. Records\nof each disposition shall be retained by the state agency disposing of\nsuch property and shall be subject to audit. Where personal property has\nbeen purchased from special funds, a state agency, upon designation of\nthe source of funds from which such property was purchased, may\ncondition the disposal of such property on the reimbursement of such\nspecial fund in the amount of the fair market value of such property.\nAll proceeds realized on sale or other transfer and not otherwise\nauthorized to be deposited in a special fund, shall be deposited in the\ngeneral fund of the state.\n  2. The head of a state agency having custody or control of vehicles\nwhich have been determined to be no longer useful shall dispose of such\nvehicles in accordance with applicable express statutory provisions or\nshall place such vehicles in the custody or control of the commissioner\nunless otherwise directed by such commissioner.\n  3. The commissioner may dispose of any personal property of the state\nby sale or by such other means as he or she deems to be in the best\ninterest of the state except that personal property other than vehicles\nwhich have been placed in the custody or control of such commissioner by\na state agency shall first be made available for reuse by other state\nagencies by advertising such availability as widely as possible among\nstate agencies. A record of each disposition shall be retained and shall\nbe subject to audit. The commissioner may also from time to time\nestablish a fair market value level below which personal property\ndetermined to be no longer useful may be disposed of immediately by\nstate agencies through such means as, in the discretion of such\nagencies, are in the best interest of the state.\n  4. (a) Prior to the public sale of surplus state personal property and\nif the commissioner has determined that personal property of the state\nshall be sold, the office of general services must first offer to sell\nsuch property to municipalities of the state. The availability of\nsurplus personal property, and the offer to sell such property, shall be\nadvertised to municipalities on the office of general services' website\nfor a minimum of seven days. A municipality shall immediately advise the\ncommissioner whether or not the municipality wishes to acquire such\npersonal property. If it wishes to acquire such personal property, a\nmunicipality shall have thirty days to arrange delivery of such property\nand to conclude the negotiation of the sale. If two or more\nmunicipalities notify the commissioner of their wish to acquire such\npersonal property, such personal property shall be sold to the highest\noffer complying with the terms of the sale as set by the commissioner.\nAll proceeds of such sales shall be deposited to the credit of the\ngeneral fund of the state unless otherwise required by law. A record of\neach sale shall be retained and shall be subject to audit. After the\nthirty da

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