ACQUISITION OF FEDERAL SURPLUS PROPERTY

ACQUISITION OF FEDERAL SURPLUS PROPERTY

Division of Purchasing, Surplus Property Section, may acquire Federal surplus property for any state or municipal agency.

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                                                                    July 31, 1956

Mr. H. E. Pike, Supervisor
Division of Purchasing
Department of General Administration
General Administration Building
Olympia, Washington                                                                                                              Cite as:  AGO 55-57 No. 305

Dear Sir:

            In your letter of July 25, 1956, you have requested our opinion as to the right of the division of purchasing surplus property section, to make distribution of surplus property to the civil defense agency and to negotiate with the Federal government for the acquisition of such property.

            In our opinion the division of purchasing, surplus property section, has the right to so do.

                                                                     ANALYSIS

            RCW 39.32.020 provides that the director of public institutions (now director of the department of general administration), through the division of purchasing, may purchase, lease, or otherwise acquire from the government of the United States or any surplus property disposal agency thereof, surplus property for the "use of any state department or political subdivision."

            RCW 39.32.010 defines "state department" as meaning any office, department, commission, institution, or other agency of the state.

            RCW 38.52.030 (1953-55 Cumulative Supp.) provides:

             [[Orig. Op. Page 2]]

            "(1) There is hereby created within the executive branch of the state government a department of civil defense . . ."

            It is thus apparent that the division of purchasing, through the surplus property section, has the power to distribute to any state agency, and that the civil defense agency has been created by the legislature and made an agency of state government.  It must necessarily follow that such agency is entitled to receive and use such surplus property as may be made available by the Federal government or its agencies.

            We hope that this opinion will prove to be of assistance to you.

Very truly yours,

DON EASTVOLD
Attorney General

B. F. RENO, JR.
Assistant Attorney General