S-0053.1  _______________________________________________

                         SENATE BILL 5160

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Oke and Winsley

Read first time 01/14/1999.  Referred to Committee on State & Local Government.

Authorizing donations of surplus computer equipment to food banks.

    AN ACT Relating to donating surplus computer equipment; amending RCW 43.19.1919; and adding a new section to chapter 43.19 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 43.19 RCW to read as follows:

    (1) The division of purchasing may donate state-owned, surplus, computer equipment to food banks as defined in this section.  A donation may be made only if all of the following conditions have been met:

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

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

    (c) The nature and quantity of the property in question is directly germane to the needs of the food bank and the purpose for which the food bank exists and the food bank agrees to use the property for such needs and purposes; and

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

    (2) As used in this section, "food bank" means a local private or public nonprofit food program that collects, warehouses, and distributes unprepared food items on a regular basis without charge.

    Sec. 2.  RCW 43.19.1919 and 1997 c 264 s 2 are each amended to read as follows:

    Except as provided in RCW 28A.335.180 ((and)), 43.19.1920, and section 1 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.

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