Section 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  for the sum of
  twenty-five dollars, 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 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;   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 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;
  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.