A. "Surplus materials" means personal property including, but not limitedto, materials, supplies, equipment, and recyclable items, but shall notinclude property as defined in § 2.2-1147 that is determined to be surplus.Surplus materials shall not include finished products that a mental health ormental retardation facility sells for the benefit of its patients orresidents, provided that (i) most of the supplies, equipment, or productshave been donated to the facility; (ii) the patients or residents of thefacility have substantially altered the supplies, equipment, or products inthe course of occupational or other therapy; and (iii) the substantialalterations have resulted in a finished product.
B. The Department shall establish procedures for the disposition of surplusmaterials from departments, divisions, institutions, and agencies of theCommonwealth. Such procedures shall:
1. Permit surplus materials to be transferred between or sold to departments,divisions, institutions, or agencies of the Commonwealth;
2. Permit surplus materials to be sold to Virginia charitable corporationsgranted tax-exempt status under § 501(c)(3) of the Internal Revenue Code andoperating as clinics for the indigent and uninsured that are organized forthe delivery of primary health care services (i) as federally qualifiedhealth centers designated by the Health Care Financing Administration or (ii)at a reduced or sliding fee scale or without charge;
3. Permit public sales or auctions, including online public auctions,provided that the procedures provide for sale to all political subdivisionsand any volunteer rescue squad or volunteer fire department establishedpursuant to § 15.2-955 any surplus materials prior to such public sale orauction;
4. Permit surplus motor vehicles to be sold prior to public sale or auctionto local social service departments for the purpose of resale at cost to TANFrecipients;
5. Permit surplus materials to be sold to Virginia charitable corporationsgranted tax-exempt status under § 501(c)(3) of the Internal Revenue Code andoperating as children's homes;
6. Permit donations to political subdivisions of the Commonwealth under thecircumstances specified in this section;
7. Permit other methods of disposal when (a) the cost of the sale will exceedthe potential revenue to be derived therefrom or (b) the surplus material isnot suitable for sale;
8. Permit any dog especially trained for police work to be sold at anappropriate price to the handler who last was in control of the dog, whichsale shall not be deemed a violation of the State and Local GovernmentConflict of Interests Act (§ 2.2-3100 et seq.);
9. Permit the transfer of surplus clothing to an appropriate department,division, institution, or agency of the Commonwealth for distribution toneedy individuals by and through local social services boards;
10. Encourage the recycling of paper products, beverage containers,electronics, and used motor oil;
11. Require the proceeds from any sale or recycling of surplus materials bepromptly deposited into the state treasury in accordance with § 2.2-1802 andreport the deposit to the State Comptroller;
12. Permit donations of surplus computers and related equipment to publicschools in the Commonwealth and Virginia charitable corporations grantedtax-exempt status under § 501(c)(3) of the Internal Revenue Code andproviding services to persons with disabilities, at-risk youths, orlow-income families. For the purposes of this subdivision, "at-risk youths"means school-age children approved eligible to receive free or reduced pricemeals in the federally funded lunch program;
13. Permit surplus materials to be transferred or sold, prior to public saleor auction, to public television stations located in the state and othernonprofit organizations approved for the distribution of federal surplusmaterials;
14. Permit a public institution of higher education to dispose of its surplusmaterials at the location where the surplus materials are held and to retainany proceeds from such disposal, provided that the institution meets theconditions prescribed in subsection B of § 23-38.88 and § 23-38.112(regardless of whether or not the institution has been granted any authorityunder Subchapter 3 (§ 23-38.91 et seq.) of Chapter 4.10 of Title 23); and
15. Require, to the extent practicable, the recycling and disposal ofcomputers and other information technology assets. Additionally, forcomputers or information technology assets that may contain confidentialstate data or personal identifying information of citizens of theCommonwealth, the Department shall ensure all policies for the transfer orother disposition of computers or information technology assets areconsistent with data and information security policies developed by theVirginia Information Technologies Agency.
C. The Department shall dispose of surplus materials pursuant to theprocedures established in subsection B or permit any department, division,institution, or agency of the Commonwealth to dispose of its surplusmaterials consistent with the procedures so established. No surplus materialsshall be disposed of without prior consent of the head of the department,division, institution, or agency of the Commonwealth in possession of suchsurplus materials or the Governor.
D. Departments, divisions, institutions, or agencies of the Commonwealth orthe Governor may donate surplus materials only under the followingcircumstances:
1. Emergencies declared in accordance with § 44-146.18:2 or 44-146.28;
2. As set forth in the budget bill as defined by § 2.2-1509, provided that(a) the budget bill contains a description of the surplus materials, themethod by which the surplus materials shall be distributed, and theanticipated recipients, and (b) such information shall be provided by theDepartment to the Department of Planning and Budget in sufficient time forinclusion in the budget bill;
3. When the market value of the surplus materials, which shall be donated fora public purpose, is less than $500; however, the total market value of allsurplus materials so donated by any department, division, institution, oragency shall not exceed 25 percent of the revenue generated by suchdepartment's, division's, institution's, or agency's sale of surplusmaterials in the fiscal year, except these limits shall not apply in the caseof surplus computer equipment and related items donated to Virginia publicschools; or
4. During a local emergency, upon written request of the head of a localgovernment or a political subdivision in the Commonwealth to the head of adepartment, division, institution, or agency.
E. On or before October 1 of each year, the Department shall prepare, andfile with the Secretary of the Commonwealth, a plan that describes theexpected disposition of surplus materials in the upcoming fiscal yearpursuant to subdivision B 6.
F. The Department may make available to any local public body of theCommonwealth the services or facilities authorized by this section; however,the furnishing of any such services shall not limit or impair any servicesnormally rendered any department, division, institution or agency of theCommonwealth. All public bodies shall be authorized to use the services ofthe Department's Surplus Property Program under the guidelines establishedpursuant to this section and the surplus property policies and procedures ofthe Department. Proceeds from the sale of the surplus property shall bereturned to the local body minus a service fee. The service fee charged bythe Department shall be consistent with the fee charged by the Department tostate public bodies.
(1996, cc. 935, 978, § 2.1-457.2; 1999, cc. 159, 578, 629, 911; 2000, cc.615, 636, 661; 2001, c. 844; 2004, c. 670; 2005, cc. 933, 945; 2006, cc. 468,493; 2007, c. 701; 2009, c. 75.)
A. "Surplus materials" means personal property including, but not limitedto, materials, supplies, equipment, and recyclable items, but shall notinclude property as defined in § 2.2-1147 that is determined to be surplus.Surplus materials shall not include finished products that a mental health ormental retardation facility sells for the benefit of its patients orresidents, provided that (i) most of the supplies, equipment, or productshave been donated to the facility; (ii) the patients or residents of thefacility have substantially altered the supplies, equipment, or products inthe course of occupational or other therapy; and (iii) the substantialalterations have resulted in a finished product.
B. The Department shall establish procedures for the disposition of surplusmaterials from departments, divisions, institutions, and agencies of theCommonwealth. Such procedures shall:
1. Permit surplus materials to be transferred between or sold to departments,divisions, institutions, or agencies of the Commonwealth;
2. Permit surplus materials to be sold to Virginia charitable corporationsgranted tax-exempt status under § 501(c)(3) of the Internal Revenue Code andoperating as clinics for the indigent and uninsured that are organized forthe delivery of primary health care services (i) as federally qualifiedhealth centers designated by the Health Care Financing Administration or (ii)at a reduced or sliding fee scale or without charge;
3. Permit public sales or auctions, including online public auctions,provided that the procedures provide for sale to all political subdivisionsand any volunteer rescue squad or volunteer fire department establishedpursuant to § 15.2-955 any surplus materials prior to such public sale orauction;
4. Permit surplus motor vehicles to be sold prior to public sale or auctionto local social service departments for the purpose of resale at cost to TANFrecipients;
5. Permit surplus materials to be sold to Virginia charitable corporationsgranted tax-exempt status under § 501(c)(3) of the Internal Revenue Code andoperating as children's homes;
6. Permit donations to political subdivisions of the Commonwealth under thecircumstances specified in this section;
7. Permit other methods of disposal when (a) the cost of the sale will exceedthe potential revenue to be derived therefrom or (b) the surplus material isnot suitable for sale;
8. Permit any dog especially trained for police work to be sold at anappropriate price to the handler who last was in control of the dog, whichsale shall not be deemed a violation of the State and Local GovernmentConflict of Interests Act (§ 2.2-3100 et seq.);
9. Permit the transfer of surplus clothing to an appropriate department,division, institution, or agency of the Commonwealth for distribution toneedy individuals by and through local social services boards;
10. Encourage the recycling of paper products, beverage containers,electronics, and used motor oil;
11. Require the proceeds from any sale or recycling of surplus materials bepromptly deposited into the state treasury in accordance with § 2.2-1802 andreport the deposit to the State Comptroller;
12. Permit donations of surplus computers and related equipment to publicschools in the Commonwealth and Virginia charitable corporations grantedtax-exempt status under § 501(c)(3) of the Internal Revenue Code andproviding services to persons with disabilities, at-risk youths, orlow-income families. For the purposes of this subdivision, "at-risk youths"means school-age children approved eligible to receive free or reduced pricemeals in the federally funded lunch program;
13. Permit surplus materials to be transferred or sold, prior to public saleor auction, to public television stations located in the state and othernonprofit organizations approved for the distribution of federal surplusmaterials;
14. Permit a public institution of higher education to dispose of its surplusmaterials at the location where the surplus materials are held and to retainany proceeds from such disposal, provided that the institution meets theconditions prescribed in subsection B of § 23-38.88 and § 23-38.112(regardless of whether or not the institution has been granted any authorityunder Subchapter 3 (§ 23-38.91 et seq.) of Chapter 4.10 of Title 23); and
15. Require, to the extent practicable, the recycling and disposal ofcomputers and other information technology assets. Additionally, forcomputers or information technology assets that may contain confidentialstate data or personal identifying information of citizens of theCommonwealth, the Department shall ensure all policies for the transfer orother disposition of computers or information technology assets areconsistent with data and information security policies developed by theVirginia Information Technologies Agency.
C. The Department shall dispose of surplus materials pursuant to theprocedures established in subsection B or permit any department, division,institution, or agency of the Commonwealth to dispose of its surplusmaterials consistent with the procedures so established. No surplus materialsshall be disposed of without prior consent of the head of the department,division, institution, or agency of the Commonwealth in possession of suchsurplus materials or the Governor.
D. Departments, divisions, institutions, or agencies of the Commonwealth orthe Governor may donate surplus materials only under the followingcircumstances:
1. Emergencies declared in accordance with § 44-146.18:2 or 44-146.28;
2. As set forth in the budget bill as defined by § 2.2-1509, provided that(a) the budget bill contains a description of the surplus materials, themethod by which the surplus materials shall be distributed, and theanticipated recipients, and (b) such information shall be provided by theDepartment to the Department of Planning and Budget in sufficient time forinclusion in the budget bill;
3. When the market value of the surplus materials, which shall be donated fora public purpose, is less than $500; however, the total market value of allsurplus materials so donated by any department, division, institution, oragency shall not exceed 25 percent of the revenue generated by suchdepartment's, division's, institution's, or agency's sale of surplusmaterials in the fiscal year, except these limits shall not apply in the caseof surplus computer equipment and related items donated to Virginia publicschools; or
4. During a local emergency, upon written request of the head of a localgovernment or a political subdivision in the Commonwealth to the head of adepartment, division, institution, or agency.
E. On or before October 1 of each year, the Department shall prepare, andfile with the Secretary of the Commonwealth, a plan that describes theexpected disposition of surplus materials in the upcoming fiscal yearpursuant to subdivision B 6.
F. The Department may make available to any local public body of theCommonwealth the services or facilities authorized by this section; however,the furnishing of any such services shall not limit or impair any servicesnormally rendered any department, division, institution or agency of theCommonwealth. All public bodies shall be authorized to use the services ofthe Department's Surplus Property Program under the guidelines establishedpursuant to this section and the surplus property policies and procedures ofthe Department. Proceeds from the sale of the surplus property shall bereturned to the local body minus a service fee. The service fee charged bythe Department shall be consistent with the fee charged by the Department tostate public bodies.
(1996, cc. 935, 978, § 2.1-457.2; 1999, cc. 159, 578, 629, 911; 2000, cc.615, 636, 661; 2001, c. 844; 2004, c. 670; 2005, cc. 933, 945; 2006, cc. 468,493; 2007, c. 701; 2009, c. 75.)
A. "Surplus materials" means personal property including, but not limitedto, materials, supplies, equipment, and recyclable items, but shall notinclude property as defined in § 2.2-1147 that is determined to be surplus.Surplus materials shall not include finished products that a mental health ormental retardation facility sells for the benefit of its patients orresidents, provided that (i) most of the supplies, equipment, or productshave been donated to the facility; (ii) the patients or residents of thefacility have substantially altered the supplies, equipment, or products inthe course of occupational or other therapy; and (iii) the substantialalterations have resulted in a finished product.
B. The Department shall establish procedures for the disposition of surplusmaterials from departments, divisions, institutions, and agencies of theCommonwealth. Such procedures shall:
1. Permit surplus materials to be transferred between or sold to departments,divisions, institutions, or agencies of the Commonwealth;
2. Permit surplus materials to be sold to Virginia charitable corporationsgranted tax-exempt status under § 501(c)(3) of the Internal Revenue Code andoperating as clinics for the indigent and uninsured that are organized forthe delivery of primary health care services (i) as federally qualifiedhealth centers designated by the Health Care Financing Administration or (ii)at a reduced or sliding fee scale or without charge;
3. Permit public sales or auctions, including online public auctions,provided that the procedures provide for sale to all political subdivisionsand any volunteer rescue squad or volunteer fire department establishedpursuant to § 15.2-955 any surplus materials prior to such public sale orauction;
4. Permit surplus motor vehicles to be sold prior to public sale or auctionto local social service departments for the purpose of resale at cost to TANFrecipients;
5. Permit surplus materials to be sold to Virginia charitable corporationsgranted tax-exempt status under § 501(c)(3) of the Internal Revenue Code andoperating as children's homes;
6. Permit donations to political subdivisions of the Commonwealth under thecircumstances specified in this section;
7. Permit other methods of disposal when (a) the cost of the sale will exceedthe potential revenue to be derived therefrom or (b) the surplus material isnot suitable for sale;
8. Permit any dog especially trained for police work to be sold at anappropriate price to the handler who last was in control of the dog, whichsale shall not be deemed a violation of the State and Local GovernmentConflict of Interests Act (§ 2.2-3100 et seq.);
9. Permit the transfer of surplus clothing to an appropriate department,division, institution, or agency of the Commonwealth for distribution toneedy individuals by and through local social services boards;
10. Encourage the recycling of paper products, beverage containers,electronics, and used motor oil;
11. Require the proceeds from any sale or recycling of surplus materials bepromptly deposited into the state treasury in accordance with § 2.2-1802 andreport the deposit to the State Comptroller;
12. Permit donations of surplus computers and related equipment to publicschools in the Commonwealth and Virginia charitable corporations grantedtax-exempt status under § 501(c)(3) of the Internal Revenue Code andproviding services to persons with disabilities, at-risk youths, orlow-income families. For the purposes of this subdivision, "at-risk youths"means school-age children approved eligible to receive free or reduced pricemeals in the federally funded lunch program;
13. Permit surplus materials to be transferred or sold, prior to public saleor auction, to public television stations located in the state and othernonprofit organizations approved for the distribution of federal surplusmaterials;
14. Permit a public institution of higher education to dispose of its surplusmaterials at the location where the surplus materials are held and to retainany proceeds from such disposal, provided that the institution meets theconditions prescribed in subsection B of § 23-38.88 and § 23-38.112(regardless of whether or not the institution has been granted any authorityunder Subchapter 3 (§ 23-38.91 et seq.) of Chapter 4.10 of Title 23); and
15. Require, to the extent practicable, the recycling and disposal ofcomputers and other information technology assets. Additionally, forcomputers or information technology assets that may contain confidentialstate data or personal identifying information of citizens of theCommonwealth, the Department shall ensure all policies for the transfer orother disposition of computers or information technology assets areconsistent with data and information security policies developed by theVirginia Information Technologies Agency.
C. The Department shall dispose of surplus materials pursuant to theprocedures established in subsection B or permit any department, division,institution, or agency of the Commonwealth to dispose of its surplusmaterials consistent with the procedures so established. No surplus materialsshall be disposed of without prior consent of the head of the department,division, institution, or agency of the Commonwealth in possession of suchsurplus materials or the Governor.
D. Departments, divisions, institutions, or agencies of the Commonwealth orthe Governor may donate surplus materials only under the followingcircumstances:
1. Emergencies declared in accordance with § 44-146.18:2 or 44-146.28;
2. As set forth in the budget bill as defined by § 2.2-1509, provided that(a) the budget bill contains a description of the surplus materials, themethod by which the surplus materials shall be distributed, and theanticipated recipients, and (b) such information shall be provided by theDepartment to the Department of Planning and Budget in sufficient time forinclusion in the budget bill;
3. When the market value of the surplus materials, which shall be donated fora public purpose, is less than $500; however, the total market value of allsurplus materials so donated by any department, division, institution, oragency shall not exceed 25 percent of the revenue generated by suchdepartment's, division's, institution's, or agency's sale of surplusmaterials in the fiscal year, except these limits shall not apply in the caseof surplus computer equipment and related items donated to Virginia publicschools; or
4. During a local emergency, upon written request of the head of a localgovernment or a political subdivision in the Commonwealth to the head of adepartment, division, institution, or agency.
E. On or before October 1 of each year, the Department shall prepare, andfile with the Secretary of the Commonwealth, a plan that describes theexpected disposition of surplus materials in the upcoming fiscal yearpursuant to subdivision B 6.
F. The Department may make available to any local public body of theCommonwealth the services or facilities authorized by this section; however,the furnishing of any such services shall not limit or impair any servicesnormally rendered any department, division, institution or agency of theCommonwealth. All public bodies shall be authorized to use the services ofthe Department's Surplus Property Program under the guidelines establishedpursuant to this section and the surplus property policies and procedures ofthe Department. Proceeds from the sale of the surplus property shall bereturned to the local body minus a service fee. The service fee charged bythe Department shall be consistent with the fee charged by the Department tostate public bodies.
(1996, cc. 935, 978, § 2.1-457.2; 1999, cc. 159, 578, 629, 911; 2000, cc.615, 636, 661; 2001, c. 844; 2004, c. 670; 2005, cc. 933, 945; 2006, cc. 468,493; 2007, c. 701; 2009, c. 75.)
