AN ACT Relating to the donation of surplus computers and computer-related equipment to school districts in Washington and educational service districts in Washington; amending RCW 43.19.1919; reenacting and amending RCW 28A.335.180; and adding a new section to chapter 39.33 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 39.33 RCW to read as follows:

(1) An agency as defined in subsection (3) of this section may donate to any school district or educational service district surplus computers and computer-related equipment.

(2) The office of superintendent of public instruction and the department of general administration shall jointly, by September 1, 1999, develop guidelines and distribution standards for the purpose of implementing subsection (1) of this section. The guidelines and distribution standards shall include considerations for quality, school-district need, and accountability.

(3) "Agency" means any state board, commission, bureau, committee, department, institution, division, or tribunal in the executive or judicial branch of state government, including those institutions of higher education created and supported by the state government, and those courts that are parts of state government.

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.

Sec. 3. RCW 28A.335.180 and 1997 c 264 s 1 and 1997 c 104 s 1 are each reenacted and 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. The notice requirement in this section does not apply to the sale or transfer of assistive devices under RCW 28A.335.205 or chapter 72.40 RCW. 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.

(3) The office of superintendent of public instruction may donate surplus computers in accordance with section 1 of this act.