_______________________________________________
HOUSE
BILL 1367
_______________________________________________
Passed
Legislature - 1997 Regular Session
AS
AMENDED BY THE SENATE
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 01/23/97.
Referred to Committee on Education.
Allowing surplus
educational property to be given or loaned to entities for educational use.
AN
ACT Relating to disposal of surplus educational property; and amending RCW
28A.335.180 and 43.19.1919.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
28A.335.180 and 1991 c 116 s 1 are each amended to read as follows:
(1)
Notwithstanding any other provision of law, school districts, educational
service districts, or any other state or local governmental agency concerned
with education, when declaring texts and other books, equipment, materials or
relocatable facilities as surplus, shall, prior to other disposal thereof,
serve notice in writing in a newspaper of general circulation in the school
district and to any public school district or private school in Washington
state annually requesting such a notice, that the same is available for sale,
rent, or lease to public school districts or approved private schools,
at depreciated cost or fair market value, whichever is greater: PROVIDED, That
students wishing to purchase texts pursuant to RCW 28A.320.230(2) shall have
priority as to such texts. Such districts or agencies shall not otherwise
sell, rent or lease such surplus property to any person, firm, organization, or
nongovernmental agency for at least thirty days following publication of notice
in a newspaper of general circulation in the school district.
(2)
In lieu of complying with subsection (1) of this section, school districts and
educational service districts may elect to grant surplus personal property to a
federal, state, or local governmental entity, or to indigent persons, at no
cost on the condition the property be used for preschool through twelfth grade
educational purposes, or elect to loan surplus personal property to a
nonreligious, nonsectarian private entity on the condition the property be used
for the preschool through twelfth grade education of members of the public on a
nondiscriminatory basis.
Sec.
2. RCW
43.19.1919 and 1991 c 216 s 2 are each amended to read as follows:
Except
as provided in section 1 of this act and RCW 43.19.1920, 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.
