BILL REQ. #:  H-4424.1 

Read first time 01/27/2004.   Referred to Committee on State Government.

     AN ACT Relating to donation of surplus construction property to nonprofit corporations; amending RCW 43.19.1919 and 39.12.020; adding a new section to chapter 43.19 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Numerous Washington citizens are unable to acquire adequate housing and other basic necessities because they are poor or infirm;
     (2) Nonprofit corporations are attempting to build or repair low-cost housing for these persons, but are finding it difficult to fund the increasing demand for such assistance; and
     (3) State agencies and those who contract with them to demolish, repair, or construct structures owned by the state generate surplus building materials that have little monetary value and are not useful to state institutions, but that would assist nonprofit organizations in their attempts to provide habitable environments for these persons. The legislature therefore finds that it is in the best interest of the state to provide for the donation of surplus state-owned construction property and property produced from demolition of existing structures to qualifying nonprofit corporations to assist them in housing the poor and infirm citizens of the state.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.19 RCW to read as follows:
     (1) As used in this section:
     (a) "Surplus construction property" includes personal property, building materials, or previously used infrastructure or building remnants:
     (i) That the state agency conducting or supervising the construction, repair, or demolition project has determined will be discarded; and
     (ii) That has minimal value or for which the cost of transport and redistribution among state agencies would exceed the value of the property.
     (b) "Director" means the director of general administration.
     (2) A state agency that contracts for or is the lead agency responsible for supervising demolition, repair, or construction services or projects on behalf of the state, or that conducts demolition, repair, or construction projects, shall identify surplus construction property and shall inform the director of the existence of the property. The director shall establish a procedure for distributing surplus construction property to qualified nonprofit corporations that hold tax exempt status under 26 U.S.C. 501(C)(3). The director shall confirm that the property identified as surplus construction property by a state agency falls within that definition and shall donate the surplus construction property under the established distribution procedure. This donation of surplus property may occur only on condition:
     (a) That the donated materials be used solely for construction or repair of housing used by the poor or infirm; or
     (b) That the donated materials be sold and the proceeds of sale be used solely for construction or repair of housing used by the poor or infirm. The department of general administration shall maintain a written record of the type of surplus property donated to each nonprofit corporation and the approximate value of that property.

Sec. 3   RCW 43.19.1919 and 2000 c 183 s 1 are each amended to read as follows:
     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. This requirement is subject to the following exceptions and limitations:
     (1) This section does not apply to property under RCW 27.53.045, 28A.335.180, ((or)) 43.19.1920, or section 2 of this act;
     (2) 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;
     (3) 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;
     (4) This section does 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;
     (5) A state agency having a surplus personal property asset with a fair market value of less than five hundred dollars may transfer the asset to another state agency without charging fair market value. A state agency conducting this action must maintain adequate records to comply with agency inventory procedures and state audit requirements.

Sec. 4   RCW 39.12.020 and 1989 c 12 s 7 are each amended to read as follows:
     The hourly wages to be paid to laborers, workers, or mechanics, upon all public works and under all public building service maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall be not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality within the state where such labor is performed. For a contract in excess of ten thousand dollars, a contractor required to pay the prevailing rate of wage shall post in a location readily visible to workers at the job site: PROVIDED, That on road construction, sewer line, pipeline, transmission line, street, or alley improvement projects for which no field office is needed or established, a contractor may post the prevailing rate of wage statement at the contractor's local office, gravel crushing, concrete, or asphalt batch plant as long as the contractor provides a copy of the wage statement to any employee on request:
     (1) A copy of a statement of intent to pay prevailing wages approved by the industrial statistician of the department of labor and industries under RCW 39.12.040; and
     (2) The address and telephone number of the industrial statistician of the department of labor and industries where a complaint or inquiry concerning prevailing wages may be made.
     This chapter shall not apply to workers or other persons regularly employed on monthly or per diem salary by the state, or any county, municipality, or political subdivision created by its laws.
     This chapter does not apply to persons acting on behalf of a qualified nonprofit corporation holding tax exempt status under 26 U.S.C. 501(c)(3) who are collecting or removing donated surplus construction property as defined in section 2 of this act.

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.