[Winona Online Democracy]
Craig,
It seems to me that there may be some precedent in the statutes for donating
surplus state property to nonprofits. Perhaps 16C.23 could be used as a
model. It appears to authorize the state to acquire surplus property and
transfer ownership to "any other governmental unit or nonprofit
organization."
I realize the statute isn't referring to the same thing as 471.85, but it
could possibly provide a justification and model for revising 471.85.
A section of the statute is shown below, you can read the full statute at:
http://www.revisor.leg.state.mn.us/stats/16C/23.html
-Steve Kranz
----------------------
16C.23 Surplus property acquisition, distribution, and disposal.
Subd. 2. Surplus property. "Surplus property" means state or federal
commodities, equipment, materials, supplies, books, printed matter,
buildings, and other personal or real property that is obsolete, unused,
not needed for a public purpose, or ineffective for current use.
Subd. 3. Authorization. (a) The commissioner is the state agency
designated to transfer, purchase, accept, sell, or dispose of surplus
property for the state and for the benefit of any other governmental unit
or nonprofit organization for any purpose authorized by state and federal
law and in accordance with state and federal rules and regulations
----- Original Message -----
From: "Craig Brooks" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, August 29, 2000 9:30 PM
Subject: Re: [Winona] Digital Divide
> [Winona Online Democracy]
>
> Here's a citation and an interpretation from a knowledgeable source--
>
> "Minn. Stat. 471.85 governs the transfer of personal property for a
> nominal or without consideration. The transfer is limited to another
> public corporation. Thus, the county could transfer computers to a
> school district, for example, assuming the school district wanted the
> property.
>
> There is no statute which specifically prohibits donating personal
> property to nonprofit groups. However, since counties only have those
> powers statutorily granted, or reasonably implied from these statutory
> powers, and since the statute only allows donating property to other
> public corporations, the logical conclusion is the county, under the
> current law, cannot donate its personal property to nonprofit groups.
> "
>
> Actual statutory language-
>
> 471.85 Property transfer; public corporations.
>
> Any county, city, town, or school district may transfer its
> personal property for a nominal or without consideration to
> another public corporation for public use when duly authorized
> by its governing body.
>
> HIST: 1951 c 176 s 1; 1973 c 123 art 5 s 7
>
>
> ----- Original Message -----
> From: "Steve Kranz" <[EMAIL PROTECTED]>
> To: <[EMAIL PROTECTED]>
> Sent: Monday, August 28, 2000 10:51 PM
> Subject: Re: [Winona] Digital Divide
>
>
> > [Winona Online Democracy]
> >
> > I think that's a great idea . . .
> >
> > Here's a link where you can search the state statutes by keyword:
> >
> >
> http://www.revisor.leg.state.mn.us:8181/SEARCH/BASIS/mnstat/public/www
> /SF
> >
> > Anyone care to try and find the applicable statute?
> >
> > -Steve
> >
>
>
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