AN ACT Relating to the sale of surplus state motor vehicles; amending RCW 39.33.010, 43.19.1919, and 43.19.1921; and adding a new section to chapter 43.19 RCW.

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

Sec. 1. Section 1, chapter 133, Laws of 1953 as last amended by section 1, chapter 96, Laws of 1981 and RCW 39.33.010 are each amended to read as follows:

(1) The state or any municipality or any political subdivision thereof, may sell, transfer, exchange, lease or otherwise dispose of any property, real or personal, or property rights, including but not limited to the title to real property, to the state or any municipality or any political subdivision thereof, or the federal government, on such terms and conditions as may be mutually agreed upon by the proper authorities of the state and/or the subdivisions concerned, except that the state must dispose of motor vehicles according to section 4 of this 1989 act.

(2) This section shall be deemed to provide an alternative method for the doing of the things authorized herein, and shall not be construed as imposing any additional condition upon the exercise of any other powers vested in the state, municipalities or political subdivisions.

(3) No intergovernmental transfer, lease, or other disposition of property made pursuant to any other provision of law prior to May 23, 1972 shall be construed to be invalid solely because the parties thereto did not comply with the procedures of this section.

Sec. 2. Section 43.19.1919, chapter 8, Laws of 1965 as last amended by section 8, chapter 124, Laws of 1988 and RCW 43.19.1919 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, unless the property consists of motor vehicles in which case the sale must be made at public auction and the proceeds must be paid 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, unless the assets consist of motor vehicles: PROVIDED FURTHER, That personal property, other than motor vehicles, 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: 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.

Sec. 3. Section 43.19.1921, chapter 8, Laws of 1965 as amended by section 100, chapter 151, Laws of 1979 and RCW 43.19.1921 are each amended to read as follows:

The director of general administration, through the division of purchasing, shall:

(1) Establish and maintain warehouses hereinafter referred to as "central stores" for the centralized storage and distribution of such supplies, equipment, and other items of common use in order to effect economies in the purchase of supplies and equipment for state agencies. To provide central stores warehouse facilities the division of purchasing may, by arrangement with the state agencies, utilize any surplus available state owned space, and may acquire other needed warehouse facilities by lease or purchase of the necessary premises;

(2) Provide for the central salvage, maintenance, repair, and servicing of equipment, furniture, or furnishings used by state agencies, and also by means of such a service provide an equipment pool for effecting sales and exchanges of surplus and unused property by and between state agencies, unless the equipment consists of motor vehicles. Funds derived from the sale and exchange of property other than motor vehicles shall be placed to the account of the appropriate state agency on the central stores accounts but such funds may not be expended through central stores without prior approval of the office of financial management.

NEW SECTION. Sec. 4. A new section is added to chapter 43.19 RCW to read as follows:

(1) Motor vehicles that are state equipment, as defined in RCW 43.19.1917 that the custodial agency, office, department, or educational institution has no further use for shall be sold at public auction or public sealed bid. The funds from the sale shall be paid into the state general fund.

(2) This section does not apply to motor vehicles acquired by a state organization under federal grants and contracts if in conflict with special title provisions contained in the grants or contracts.

(3) The department of general administration shall adopt such rules as are necessary to effectuate this section.

(4) The department of corrections is exempt from the provisions of this section.