A4723

Assembly Bill 4723, an act to amend the State Finance Law, was laid aside during Senate floor consideration. Sen. Lanza requested the procedural action, which was granted by Acting President Mayer. The bill, originally sponsored by Assemblymember McDonald, was not brought to a vote.

The New York State Senate passed Assembly Bill 4723 on a 42-17 vote Wednesday, allowing state agencies to donate surplus property to registered not-for-profit organizations. The bill, sponsored by Sen. Cooney, would give state agencies an alternative to selling surplus furniture and equipment at auction or storing items at state facilities. Under the measure, agencies must first offer surplus property to other state agencies, then evaluate it for sale. If not sold, agencies could donate items to 501(c)(3) organizations in good standing with the state Charities Bureau. Cooney argued the bill serves a public purpose by preventing waste and landfill disposal, citing federal precedent and recent case law supporting public purpose as a constitutional basis for such transfers. However, Sen. Martins raised significant constitutional concerns, arguing the bill violates Article VII, Section 8 of the New York State Constitution, which prohibits gifts of state property to private entities. Martins contended the Constitution does not distinguish between for-profit and not-for-profit organizations and that allowing agency discretion to determine value and select recipients is problematic. He argued the Constitution provides specific carveouts for political subdivisions and certain organizations that should be followed instead. Seventeen senators voted against the measure, primarily from the Republican conference.