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; extending the authority of a board of county commissioners to make charitable grants to include certain property; authorizing the governing body of a city to make charitable grants of money or certain property to certain nonprofit organizations; 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

2-1 by the Federal Government and its agencies and to purchase and distribute

2-2 nutritious food in accordance with NRS 333.225.

2-3 2. [If] Except as otherwise provided in section 1 of this act, if a tax-

2-4 supported or nonprofit school or other health or educational institution

2-5 receives a donated commodity secured through the purchasing division, the

2-6 chief shall charge the school or institution a fee in an amount sufficient to

2-7 repay part or all of the cost of transportation and other costs incurred in

2-8 acquiring the commodity.

2-9 3. All money received by the chief pursuant to this section must be

2-10 deposited in the state treasury for credit to the donated commodities

2-11 account. The interest and income earned on the money in the account must

2-12 be credited to the account.

2-13 4. Costs of freight, storage, handling charges and other administrative

2-14 expenses, including compensation of purchasing division personnel,

2-15 incidental to the acquisition of the donated commodities and the

2-16 administration of the supplemental food program may be paid from the

2-17 donated commodities account.

2-18 Sec. 3. NRS 334.040 is hereby amended to read as follows:

2-19 334.040 1. The [products or any article of any state institution not

2-20 required for its own consumption or use may be sold by the official in

2-21 charge of such institution at its reasonable market value, and the proceeds

2-22 of such sale shall be deposited in the fund or appropriation for the support

2-23 of such institution and not in the general fund.

2-24 2. If any state institution disposes of any of its products or any article

2-25 not required by it to any other state institution, the state institution selling

2-26 the same shall present a claim for the agreed sale price against the

2-27 institution purchasing the same, which shall be certified by the proper

2-28 officer of the purchasing institution. After approval by the state board of

2-29 examiners, the state controller shall draw his warrant in favor of the fund or

2-30 appropriation for the support of the selling institution, and the official in

2-31 charge of the selling institution is authorized to receipt for the warrant.

2-32 Upon its presentation the state treasurer shall transfer the amount of the

2-33 warrant to such fund or appropriation and not to the general fund.] chief of

2-34 the purchasing division of the department of administration may, upon

2-35 the request of a state agency, transfer any surplus supplies, materials or

2-36 equipment of another state agency to the requesting state agency without

2-37 cost to the requesting state agency.

2-38 2. The chief of the purchasing division may sell any surplus supplies,

2-39 materials or equipment which is not transferred to a state agency

2-40 pursuant to the provisions of subsection 1. Unless otherwise authorized

2-41 by the director of the department of administration, the proceeds of the

2-42 sale must be deposited in the fund from which the money to purchase the

2-43 supplies, materials or equipment was expended.

3-1 Sec. 4. NRS 244.1505 is hereby amended to read as follows:

3-2 244.1505 1. A board of county commissioners may expend money

3-3 for any purpose which will provide a substantial benefit to the inhabitants

3-4 of the county. The board may grant all or part of the money to a [private

3-5 organization, not for profit,] nonprofit organization created for religious,

3-6 charitable or educational purposes to be expended for the selected

3-7 purpose.

3-8 2. A board of county commissioners or its authorized representative

3-9 may donate:

3-10 (a) Commodities, supplies, materials and equipment that the board

3-11 determines to have reached the end of their useful lives; and

3-12 (b) Stolen or embezzled property for which the county treasurer has

3-13 obtained an order authorizing him to donate the property pursuant to

3-14 subsection 6 of NRS 179.165,

3-15 to a nonprofit organization created for religious, charitable or

3-16 educational purposes.

3-17 3. A grant or donation to a [private] nonprofit organization created

3-18 for religious, charitable or educational purposes must be made by

3-19 resolution . [which] The resolution must specify:

3-20 (a) The purpose of the grant [;

3-21 (b) The] or donation;

3-22 (b) If applicable, the maximum amount to be expended from the grant;

3-23 and

3-24 (c) Any conditions or other limitations upon [its expenditure.] the

3-25 expenditure of the grant or the use of the donated property.

3-26 4. As used in this section:

3-27 (a) "Authorized representative" has the meaning ascribed to it in NRS

3-28 332.025.

3-29 (b) "Nonprofit organization created for religious, charitable or

3-30 educational purposes" means an organization that meets the

3-31 requirements set forth in NRS 372.3261.

3-32 Sec. 5. Chapter 268 of NRS is hereby amended by adding thereto a

3-33 new section to read as follows:

3-34 1. The governing body of a city may expend money for any purpose

3-35 that will provide a substantial benefit to the inhabitants of the city. The

3-36 governing body may grant all or part of the money to a nonprofit

3-37 organization created for religious, charitable or educational purposes to

3-38 be expended for a selected purpose.

3-39 2. The governing body of a city or its authorized representative may

3-40 donate commodities, supplies, materials and equipment that the

3-41 governing body determines have reached the end of their useful lives to a

3-42 nonprofit organization created for religious, charitable or educational

3-43 purposes.

4-1 3. A grant or donation to a nonprofit organization created for

4-2 religious, charitable or educational purposes must be made by resolution.

4-3 The resolution must specify:

4-4 (a) The purpose of the grant or donation;

4-5 (b) If applicable, the maximum amount to be expended from the

4-6 grant; and

4-7 (c) Any conditions or other limitations on the expenditure of the grant

4-8 or the use of the donated property.

4-9 4. As used in this section:

4-10 (a) "Authorized representative" has the meaning ascribed to it in NRS

4-11 332.025.

4-12 (b) "Nonprofit organization created for religious, charitable or

4-13 educational purposes" means an organization that meets the

4-14 requirements set forth in NRS 372.3261.

4-15 Sec. 6. This act becomes effective upon passage and approval.

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