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HOUSE BILL NO. 584
INTRODUCED BY C. JUNEAU, R. BUZZAS, A. CURTISS, S. KITZENBERG, R. LENHART, M. MCCANN, L. MCCULLOCH, G. ROUSH, F. SMITH, C. WILLIAMS
AN ACT AUTHORIZING SURPLUS STATE PROPERTY TO BE DONATED TO SCHOOL DISTRICTS FOR CLASSROOM USE PURSUANT TO PROCEDURES IMPLEMENTED BY THE OFFICE OF PUBLIC INSTRUCTION TO ENSURE ADEQUATE NOTICE OF THE AVAILABILITY OF STATE SURPLUS PROPERTY AND EQUAL ACCESS AND FAIR DISTRIBUTION OF THE PROPERTY TO SCHOOL DISTRICTS; AMENDING SECTIONS 2-17-202, 18-4-226, AND 18-6-101, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 2-17-202, MCA, is amended to read:
"2-17-202. Inventory -- property to be charged to receiving agency. (1) Each person in charge of any state property
must shall, upon request of the department of administration, furnish a sworn statement of all personal property in his the
person's possession or under his the person's charge belonging to the state, together with an estimate of its value. He The
person must shall furnish any other information in connection therewith as with the statement that the department requires.
(2) Each state department, office, board, commission, and institution must be charged with all items of personal
property and all other personal property placed at the disposal of
any such the state department, office, board, commission,
and or institution after June 30, 1923, and shall must be credited with all worn out, used, lost, injured, or destroyed property
from time to time , as may be reported to the department of administration. and shall be held The entity is responsible for all
items of personal property not accounted for. Property may be accounted for as provided in 18-6-101."
Section 2. Section 18-4-226, MCA, is amended to read:
"18-4-226. Surplus supply -- rules. (1) As used in this section, the following definitions apply:
(a) "Supplies" means supplies owned by the state.
(b) "Surplus supplies" means any supplies having a remaining useful life but that are no longer required by the
agency in possession of them. This includes obsolete supplies, scrap materials, and supplies that have completed their
useful life cycle.
(2) The department shall adopt rules governing:
(a) the management of supplies during their entire life cycle;
(b) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, donation to a school district as provided in 18-6-101, or other appropriate method designated by rule;
(c) transfer of surplus supplies.
No An employee of the owning or disposing agency directly involved with the disposal may not purchase supplies
sold by his the employee's agency.
(4) Proceeds from the sale, lease, or disposal of surplus supplies must be allocated as provided by 18-6-101, less a reasonable handling fee."
Section 3. Section 18-6-101, MCA, is amended to read:
"18-6-101. Power to sell state property -- proceeds credited to general fund. (1) The department has exclusive
power, subject to the approval of the governor, to sell or otherwise dispose of or to authorize the sale or other disposition of
all materials and supplies, service equipment, or other personal property of
every any kind owned by the state but not
needed or used by any state institution or by any department of state government. Upon request, the department shall
authorize a state department or entity to donate property to a school district for classroom use pursuant to procedures
implemented by the office of public instruction to ensure adequate notice of the availability of surplus state property and
equal access and fair distribution of the property to school districts.
(2) Unless otherwise provided by law, the department shall credit the general fund with all money received.
(3) Whenever the personal property was accounted for in an enterprise or internal service fund or designated subfund
account, the proceeds of the sale
shall must be credited to the appropriate enterprise or internal service fund or designated
Section 4. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 584 (HB0584.ENR)
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