Report Title:

Surplus Personal Property of the Department Of Education

Description:

Authorizes the superintendent of education to acquire from schools and offices under the control of the DOE, any personal property that has been determined to be surplus personal property, to warehouse the property, and to distribute the property within the State to eligible recipients.

HOUSE OF REPRESENTATIVES

H.B. NO.

1679

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to surplus personal property of the department of education.

 

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

SECTION 1. The purpose of this Act is to facilitate the speedy and orderly:

(1) Collection of surplus personal property belonging to schools and offices under the control of the department of education;

(2) Warehousing of surplus personal property; and

(3) Distribution of surplus personal property to other schools and offices under the control of the department, and to eligible health, social services, and educational institutions, organizations, and agencies.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . SURPLUS PERSONAL PROPERTY

§302A- Definitions. As used in this part, unless the context clearly requires otherwise:

"Eligible recipient" means public and private, nonprofit health, social services, and educational institutions, organizations, and agencies.

"Personal property" means all tangible goods, including equipment, materials, and supplies, except land, buildings, and improvement to the land.

"Surplus personal property" means any personal property that no longer has any use to a school or office under the control of the department. The term includes obsolete, scrap, and excess personal property that has completed its useful life cycle.

§302A- Managing agent for surplus personal property. (a) The superintendent shall be the managing agent for surplus personal property belonging to the department.

(b) The superintendent shall appoint and prescribe the duties of a surplus property director and other personnel pursuant to chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule and this part.

§302A- Authority and duties. The superintendent may:

(1) Acquire from schools and offices under the control of the department, any personal property that has been determined to be surplus personal property; warehouse the property; and distribute the property to other schools and offices under the control of the department, and to eligible recipients;

(2) Receive applications from schools and offices under the control of the department, and from eligible recipients for the acquisition of surplus personal property; and investigate, review, make recommendations and otherwise assist, supervise, and direct the processing of applications for the acquisition of surplus personal property;

(3) Appoint advisory boards or committees;

(4) Take any action, including making certifications, expenditures, contracts, agreements, and other undertakings, necessary in connection with the disposal of surplus personal property under this part;

(5) Act as a clearinghouse of information for schools and offices under the control of the department, and for eligible recipients to request surplus personal property; locate surplus personal property available for acquisition from schools and offices under the control of the department; ascertain the terms and conditions under which the property may be acquired; receive requests for information from schools and offices under the control of the department, and from eligible recipients and transmit to them all available information in reference to the property; and assist in every way possible with the consummation of acquisitions or other transactions under this part;

(6) Purchase from the state procurement office the services of the agency responsible for the distribution of federal surplus property, and sell to the state procurement office the services of the department to ensure and promote the effective administration of this part and chapter 103D. The purchase or sale of services shall be made on a fee-for-service or other equitable and reasonable basis; provided that the fee or other basis of payment for services purchased or sold shall be computed to include the costs of salaries, travel, supplies, and equipment and any other item properly related to the cost of the service; and

(7) Make certifications, take action, make expenditures, and enter into contracts and undertakings for and in the name of the department; and require reports and make investigations that the superintendent may deem necessary or proper for the administration of this part, or that may be required by law or rule in connection with the acquisition, warehousing, and distribution of surplus personal property by the superintendent.

§302A- Delegation of authority; bond. The superintendent may:

(1) Delegate to any employee any power and authority deemed reasonable and proper for the effective administration of this part; and

(2) Bond any employee of the department handling money, signing checks, or receiving or distributing property under authority of this part.

§302A- Authorized donee representatives. Any other law to the contrary notwithstanding, the board, by policy, may confer upon any officer or employee the continuing authority to secure the transfer of surplus personal property to the superintendent; and to obligate the department and its funds to the extent necessary to comply with the terms and conditions of the transfers. The authority conferred upon the officer or employee by the policy shall remain in effect until the policy is duly revoked and the superintendent receives written notice of the revocation.

§302A- Transfer charges. Any charges or fees assessed by the surplus property director shall be limited to those charges or fees reasonably related to the costs of care and handling with respect to the acquisition, receipt, warehousing, distribution, or transfer. The charges and fees shall be limited to the reasonable administrative costs the surplus property director incurred in effecting transfer.

302A- Revolving fund. There shall be in the state treasury a surplus personal property revolving fund, which shall be maintained in an amount adequate to defray the costs of procuring, storing, handling, and disposing of surplus personal property under this part.

§302A- Applicability to federal surplus personal property. This part shall not apply to:

(1) Federal surplus personal property that is, or may be acquired from the United States under and in conformance with section 203(j) of the Federal Property and Administration Services Act of 1949, as amended, and part XI of chapter 103D; and

(2) Surplus personal property belonging to the Hawaii state public library system.

§302A- Priority to schools and offices of the department. Schools and offices under the control of the department, including new century charter schools and new century conversion charter schools under the administrative supervision of the board, shall have priority over public and private, nonprofit health, social services, and educational institutions, organizations, and agencies with respect to the acquisition of surplus personal property under this part."

SECTION 3. Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to part XI to be appropriately designated and to read as follows:

"§103D- Applicability to surplus personal property of the department of education. This part shall not apply to surplus personal property of the department of education."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $   , or so much thereof as may be necessary for fiscal year 2003-2004, and the same sum or so much thereof as may be necessary for fiscal year 2004-2005, to carry out the purposes of this Act. The sums appropriated shall be expended by the department of education.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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