HOUSE BILL 2106







                        52nd Legislature

                      1991 Regular Session



Passed by the House March 18, 1991

  Yeas 98   Nays 0




Speaker of the

       House of Representatives


Passed by the Senate April 12, 1991

  Yeas 39   Nays 0




President of the Senate



Approved Place Style On Codes above, and Style Off Codes below.









Governor of the State of Washington



I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2106 as passed by the House of Representatives and the Senate on the dates hereon set forth.




                                      Chief Clerk











                        Secretary of State   

                       State of Washington  




                                  HOUSE BILL 2106



                     Passed Legislature - 1991 Regular Session



State of Washington              52nd Legislature             1991 Regular Session


By Representatives Anderson, Moyer, O'Brien, Bowman, Pruitt, Grant, Padden, Chandler, Nelson, Prentice, Belcher, McLean, Jones, Ferguson, Sheldon, Vance, Holland, Kremen, Braddock, Wood, Zellinsky, Orr, Van Luven, Heavey, Wineberry, Beck, Winsley, Day, Ogden, Lisk, Leonard, Dellwo, Rayburn, Wang, Roland, Forner and Brekke.


Read first time February 25, 1991.  Referred to Committee on State Government.Authorizing the division of purchasing to donate state-owned surplus tangible personal property to certain shelters.

     AN ACT Relating to the donation by the department of general administration of personal property to shelters that serve homeless persons; amending RCW 43.19.1919; adding a new section to chapter 43.19 RCW; and creating a new section.




     NEW SECTION.  Sec. 1.      The legislature finds that (1) there are an increasing number of persons who are unable to meet their basic needs relating to shelter, clothing, and nourishment; (2) there are many nonprofit organizations and units of local government that provide shelter and other assistance to these persons but that these organizations are finding it difficult to meet the increasing demand for such assistance; and (3) the numerous agencies and institutions of state government generate a significant quantity of surplus, tangible personal property that would be of great assistance to homeless persons throughout the state.  Therefore, the legislature finds that it is in the best interest of the state to provide for the donation of state-owned, surplus, tangible property to assist the homeless in meeting their basic needs.


     Sec. 2.  RCW 43.19.1919 and 1989 c 144 s 1 are each amended to read as follows:

     Except as provided in section 3 of this act, the division of purchasing shall sell or exchange personal property belonging to the state for which the agency, office, department, or educational institution having custody thereof has no further use, at public or private sale, and cause the moneys realized from the sale of any such property to be paid into the fund from which such property was purchased or, if such fund no longer exists, into the state general fund:  PROVIDED, Sales of capital assets may be made by the division of purchasing and a credit established in central stores for future purchases of capital items as provided for in RCW 43.19.190 through 43.19.1939, as now or hereafter amended:  PROVIDED FURTHER, That personal property, excess to a state agency, including educational institutions, shall not be sold or disposed of prior to reasonable efforts by the division of purchasing to determine if other state agencies have a requirement for such personal property.  Such determination shall follow sufficient notice to all state agencies to allow adequate time for them to make their needs known.  Surplus items may be disposed of without prior notification to state agencies if it is determined by the director of general administration to be in the best interest of the state.  The division of purchasing shall maintain a record of disposed surplus property, including date and method of disposal, identity of any recipient, and approximate value of the property:  PROVIDED, FURTHER, That this section shall not apply to personal property acquired by a state organization under federal grants and contracts if in conflict with special title provisions contained in such grants or contracts.

     This section does not apply to property under RCW 27.53.045.


     NEW SECTION.  Sec. 3.  A new section is added to chapter 43.19 RCW to read as follows:

     The division of purchasing may donate state-owned, surplus, tangible personal property to shelters that are:  Participants in the department of community development's emergency shelter assistance program; and operated by nonprofit organizations or units of local government providing emergency or transitional housing for homeless persons.  A donation may be made only if all of the following conditions have been met:

     (1) The division of purchasing has made reasonable efforts to determine if any state agency has a requirement for such personal property and no such agency has been identified.  Such determination shall follow sufficient notice to all state agencies to allow adequate time for them to make their needs known;

     (2) The agency owning the property has authorized the division of purchasing to donate the property in accordance with this section;

     (3) The nature and quantity of the property in question is directly germane to the needs of the homeless persons served by the shelter and the purpose for which the shelter exists and the shelter agrees to use the property for such needs and purposes; and

     (4) The director of general administration has determined that the donation of such property is in the best interest of the state.