Senate Bill No. 139–Committee on Government Affairs

(On Behalf of Purchasing Division)

February 8, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to transfer and sale of surplus property of state agencies. (BDR 27-433)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to state property; authorizing the chief of the purchasing division of the department of administration to transfer, upon request, any surplus supplies, materials or equipment of a state agency to another state agency without cost to the requesting state agency; authorizing the chief of the purchasing division to sell surplus supplies, materials or equipment of state agencies under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 333 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. The chief may donate commodities, supplies, materials and

1-4 equipment that he determines have reached the end of their useful lives

1-5 to any organization described in NRS 372.3261.

1-6 2. If the chief donates such commodities to a tax-supported or

1-7 nonprofit school or other health or educational institution pursuant to

1-8 subsection 1, the provisions of subsection 2 of NRS 333.124 do not apply.

1-9 Sec. 2. NRS 333.124 is hereby amended to read as follows:

1-10 333.124 1. The donated commodities account is hereby created in the

1-11 state general fund for the use of the chief in acquiring commodities donated

1-12 by the Federal Government and its agencies and to purchase and distribute

1-13 nutritious food in accordance with NRS 333.225.

2-1 2. [If] Except as otherwise provided in section 1 of this act, if a tax-

2-2 supported or nonprofit school or other health or educational institution

2-3 receives a donated commodity secured through the purchasing division, the

2-4 chief shall charge the school or institution a fee in an amount sufficient to

2-5 repay part or all of the cost of transportation and other costs incurred in

2-6 acquiring the commodity.

2-7 3. All money received by the chief pursuant to this section must be

2-8 deposited in the state treasury for credit to the donated commodities

2-9 account. The interest and income earned on the money in the account must

2-10 be credited to the account.

2-11 4. Costs of freight, storage, handling charges and other administrative

2-12 expenses, including compensation of purchasing division personnel,

2-13 incidental to the acquisition of the donated commodities and the

2-14 administration of the supplemental food program may be paid from the

2-15 donated commodities account.

2-16 Sec. 3. NRS 334.040 is hereby amended to read as follows:

2-17 334.040 1. The [products or any article of any state institution not

2-18 required for its own consumption or use may be sold by the official in

2-19 charge of such institution at its reasonable market value, and the proceeds

2-20 of such sale shall be deposited in the fund or appropriation for the support

2-21 of such institution and not in the general fund.

2-22 2. If any state institution disposes of any of its products or any article

2-23 not required by it to any other state institution, the state institution selling

2-24 the same shall present a claim for the agreed sale price against the

2-25 institution purchasing the same, which shall be certified by the proper

2-26 officer of the purchasing institution. After approval by the state board of

2-27 examiners, the state controller shall draw his warrant in favor of the fund or

2-28 appropriation for the support of the selling institution, and the official in

2-29 charge of the selling institution is authorized to receipt for the warrant.

2-30 Upon its presentation the state treasurer shall transfer the amount of the

2-31 warrant to such fund or appropriation and not to the general fund.] chief of

2-32 the purchasing division of the department of administration may, upon

2-33 the request of a state agency, transfer any surplus supplies, materials or

2-34 equipment of another state agency to the requesting state agency without

2-35 cost to the requesting state agency.

2-36 2. The chief of the purchasing division may sell any surplus supplies,

2-37 materials or equipment which is not transferred to a state agency

2-38 pursuant to the provisions of subsection 1. Unless otherwise authorized

2-39 by the director of the department of administration, the proceeds of the

2-40 sale must be deposited in the fund from which the money to purchase the

2-41 supplies, materials or equipment was expended.

3-1 Sec. 4. This act becomes effective upon passage and approval.

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