(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.
Structure New York Laws
161 - State Procurement Council.
162-A - The New York State Buy American Salt Act.
163 - Purchasing Services and Commodities.
163-A - Vendor Preparation of Specifications for Technology Procurements; Prohibitions.
163-B - Environmentally-Sensitive Cleaning and Maintenance Products.
163-C - Purchase or Lease of Zero Emission Vehicles and Charging or Fueling Infrastructure.
163-D - Decarbonization Plans for State-Owned Fleet Vehicles.
165 - Purchasing Restrictions.