Title 5 — PUBLIC PROPERTY, PURCHASES AND CONTRACTS

Terms used in this chapter mean: (1) "Administrator," the director of property management for the Bureau of Human Resources and Administration; (2) "Authorized entity," a political subdivision, school, Indian tribe, or any nonprofit educational or health institutions as determine…

If the property disposed of under the provisions of §§ 5-24A-1 to 5-24A-16 , inclusive, is a fixed asset, the agency shall submit a fixed asset retirement form as designated by the bureau. Source: SL 2008, ch 32 , § 10.

Before the administrator authorizes a trade-in of property, the administrator shall determine that the net benefit to the state exceeds the benefit that would be derived from a public sale of the item. Source: SL 2008, ch 32 , § 11.

The bureau may not receive, store, handle, or process any equipment, fluids, chemicals, residue, or other property which have been identified as hazardous by the bureau. Each state agency that has surplus hazardous materials is responsible for proper handling and disposal of thos…

Any money derived from the sale of public personal property shall be retained in a revolving account. This revolving account shall be used to pay the administrative expenses pertaining directly to the transportation, sale, and storage of surplus public personal property. Any mone…

On approval of the sale of any personal property by the bureau, the conveyance of the personal property shall be made in the name of the State of South Dakota acting by and through the bureau by bill of sale or title certificate executed by the commissioner of human resources and…

Except as provided in § 5-24A-8 , donations of state property to any private individual, for-profit organization, or state employee is prohibited. The sale of state property to any state employee is prohibited unless items are sold at public auctions. Source: SL 2008, ch 32 , § 1…

The commissioner of human resources and administration may promulgate rules pursuant to chapter 1-26 to carry out the functions of this chapter regarding the disposal of state surplus personal property. Source: SL 2008, ch 32 , § 16; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr.…

Notwithstanding any other provision of law, including chapters 5-2 , 5-7 , and 5-24A , the commission shall, not later than June 30, 2011, liquidate all of the commission's remaining property, excluding any mineral estates owned or leased by the commission. If liquidating propert…

Notwithstanding any other provision of law, the commission shall disburse the proceeds from the liquidation of the commission's property, to the extent proceeds are available, as follows: (1) First, to pay any remaining noncontingent, liquidated liabilities of the commission; (2)…

The Bureau of Human Resources and Administration is responsible for the disposition of all surplus property for all state agencies. No state agency may dispose of surplus property without the written authorization of the bureau which may be in electronic format. Source: SL 2008, …

Before any state-owned personal property is disposed of, the agency property manager shall declare the property surplus in the manner prescribed by this chapter. Source: SL 2008, ch 32 , § 3.

Any state agency is responsible for the preservation of its surplus property prior to its disposal. The agency shall make reasonable efforts to protect its surplus property from the elements, theft, or any other means of destruction or deterioration. Source: SL 2008, ch 32 , § 4.

State-owned property may not be disposed until the following steps have been taken: (1) The agency property manager declares the property surplus; (2) The property manager submits a form, prescribed by the bureau, to the administrator for approval. The form shall state in part: (…

If the property has an estimated fair market value greater than one hundred dollars, the administrator may designate one of the following methods of disposal: (1) Transfer to another state agency or Indian tribe with or without charge; (2) Public auction; (3) Exchange as trade-in…

If the property has an estimated fair market value less than one hundred dollars, the administrator may designate one of the following methods of disposal: (1) Transfer to a state agency or authorized entity with or without charge; (2) Internet sales; (3) Public auction; (4) Sale…

In addition to the disposal options set out in § 5-24A-7 , the administrator may designate that surplus personal computer equipment having an estimated fair market value less than one hundred dollars be distributed to families designated by the Department of Social Services as el…

The administrator shall either authorize the agency to dispose of the property itself or to transfer the property to the bureau for disposal. Source: SL 2008, ch 32 , § 9.