| E. PERSONAL PROPERTY AND
PUBLIC HOSPITAL DISTRICTS |
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| Section Summary |
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Personal property refers to property
other than land and its attachments. Thus, a hospital district’s
personal property refers to equipment, vehicles, supplies, and on
occasion, uncashed checks or warrants. Even more so than with respect
to real property (land and buildings), there are few special laws
which apply to hospital districts in the ownership and management
of personal property. The special topics covered in this section
are hospital district purchasing requirements (including bid requirements,
purchase contract possibilities, and the need for plans for purchasing
recycled products); managing unclaimed property, and disposing surplus
personal property.
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| Purchasing Authority |
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Hospital districts are authorized
to purchase personal property under general powers clauses [RCW
70.44.060].
Hospital districts are also authorized to use conditional sales
contracts for such purposes.
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Authorization |
In general, hospital districts may
purchase personal property using the same procedures as private
hospitals. Two unique issues which do arise relate to bid requirements
and obligations in terms of the purchase of recycled products.
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| Bidding And The Purchase
Of Personal Property |
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Most local governments are required
to follow public bidding procedures for the purchase of supplies
and equipment. However, hospital districts are required to follow
specific procedures for contracting only with respect to “materials
purchased and work ordered, the estimated cost of which is in excess
of five thousand dollars…”. Because the legislature
clearly distinguishes among materials, supplies, and equipment,
there is no legal requirement that hospital districts bid contracts
for equipment or supplies. Thus, the bid requirements only apply
to the construction and public works areas discussed later in this
chapter. [RCW 70.44.140]
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Supplies and
Equipment |
| Purchase Of Recycled Products
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During the 1991 legislative session,
a bill was enacted which creates new responsibilities for local
governments in the area of purchasing recycled products. The purpose
of the law is to “substantially increase the procurement of
recycled content products by all local and state governmental agencies
and public schools, and provide a model to encourage a comparable
commitment by Washington state citizens and businesses in their
purchasing practices”.
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1991 State Law |
The act goes on to specify that
by January 1, 1993, each local government (including hospital districts)
must review its existing procurement policies to determine whether
recycled products are intentionally or unintentionally excluded.
By January 1, 1994, each local government must adopt a minimum purchasing
goal for recycled content as a total dollar value of supplies purchased,
and, as an interim step, each government must adopt a strategy by
January 1, 1993 and submit a summary to the State Department of
General Administration. The local government must designate a procurement
officer as the primary contact for the recycled products program
and has the option of using model policies which will be developed
by the state. The law only applies to local governments with supply
purchases (excluding capital goods, electricity, water, and gas
for resale) exceeding $500,000 in fiscal year 1989.
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Procurement
Review |
| Purchase Contract Programs
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Hospital districts may also be eligible
for special purchase programs, as a local government. For example,
Public Hospital Districts may buy state and federal surplus property,
new vehicles through the state, and food through the U.S. Department
of Agriculture. Public hospital districts may also license vehicles
at a reduced rate through exempt plates.
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Special Purchase
Programs |
| Abandoned And Unclaimed
Property |
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On occasion, a hospital district
may have in its possession property which belongs to someone else.
Chapter 63.21 RCW addresses lost and found property generally, including
lost and found property at local governments. While there are a
number of circumstances which the law treats similarly in all hospitals,
such as holding the valuables of a patient upon admission to the
hospital, there are special rules which apply to hospital districts
in the area of unclaimed property.
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Special Rules |
Unclaimed property is intangible
personal property in the possession of a “holder” which
the rightful owner has failed to come forward and claim. Intangible
personal property refers to such things as cash, checks, deposits,
dividends, interest, stocks, credit balances, unpaid wages, unused
airline tickets, and the like. The “unclaimed” situation
arises with respect to these financial vehicles when customers or
clients fail to cash refunds or, in the bank setting, fail to close
an account and move away. Hospital districts encounter instances
where a patient fails to cash a refund check or warrant.
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| Unclaimed Property Act
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The Uniform Unclaimed Property Act
sets forth a process for reporting the existence of unclaimed property
and establishes the legal presumption that property which goes unclaimed
for more than five years is presumed “abandoned”. See
Chapter 63.29
RCW.
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Abandoned
Property |
| Local Government Rights
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Once “abandoned,” funds
in the possession of a local government, revert to the general fund
of the local government. The government must report the property
to the Department of Revenue and attempt to locate the rightful
owner. Also, the government must give the property to the rightful
owner even if they appear after the five year presumption period.
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Local
Government Ownership |
| Reporting |
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RCW 63.29.170
governs the reporting of unclaimed property to the state. Hospital
districts are also governed by specific provisions within RCW
63.29.135.
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Specific
Provisions |
| Surplus Personal Property
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As with unneeded real property as
discussed in Section D, the hospital district must make certain
determinations before disposing of personal property of the district.
Similar to the leasing of unneeded real property, the board is given
broad discretion in determining the terms and conditions of the
disposal. However, the board must first determine, by resolution,
that the property is no longer required for public hospital district
purposes. [RCW 70.44.320]
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Determinations |
Procedures for selling such surplus
property are specified in statute. [RCW 70.44.320]
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Selling
Procedures |
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SAMPLE RESOLUTION
PUBLIC HOSPITAL DISTRICT _______ OF ________________ COUNTY
RESOLUTION NO. ________
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Sample
Resolution |
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
PUBLIC HOSPITAL DISTRICT NO. ________ OF _______________
COUNTY, WASHINGTON DECLARING CERTAIN EQUIPMENT IN THE
DISTRICT'S HOSPITAL OR HEALTH CARE FACILITIES AS SURPLUS TO THE
NEEDS OF THE DISTRICT, AND DIRECTING THE ADMINISTRATOR OF
THE DISTRICT TO EFFECT A SALE OF SUCH SURPLUS PROPERTY AT
A PUBLIC OR PRIVATE SALE, AS PROVIDED BY STATUTE.
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BE IT RESOLVED
by the Board of Commissioners of Public Hospital District No______
of ____________ County, Washington, that the following described
equipment is not and will not be needed for the District's Hospital
or other health care facilities and the Administrator [or superintendent]
of the district is hereby authorized to proceed to effect a public
or private sale of such property as provided by RCW
70.44.320 to wit:
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[describe the property specifically or refer to an attachment to
this resolution]
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ADOPTED by the Board of Commissioners of Public Hospital
District No. ______ of ____________ County, Washington, at a meeting of
the Board on the _____ day of __________________,
_______, the following Commissioners being present and voting:
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[each commissioner voting should sign the resolution]
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