(1) The
governing authorities of the state's educational institutions,
the elective state officers, the supreme court, the court of
appeals, the administrative and other departments of the state
government, and all appointive officers of the state, shall
prepare estimates of the supplies required for the proper conduct
and maintenance of their respective institutions, offices, and
departments, covering periods to be fixed by the director, and
forward them to the director in accordance with his or her
directions. No such authorities, officers, or departments, or
any officer or employee thereof, may purchase any article for the
use of their institutions, offices, or departments, except in
case of emergency purchases as provided in subsection (2) of this
section.
(2) The authorities, officers, and departments enumerated in
subsection (1) of this section may make emergency purchases in
response to unforeseen circumstances beyond the control of the
agency which present a real, immediate, and extreme threat to the
proper performance of essential functions or which may reasonably
be expected to result in excessive loss or damage to property,
bodily injury, or loss of life. When an emergency purchase is
made, the agency head shall submit written notification of the
purchase, within three days of the purchase, to the director of
general administration. This notification shall contain a
description of the purchase, description of the emergency and the
circumstances leading up to the emergency, and an explanation of
why the circumstances required an emergency purchase.
(3) Purchases made for the state's educational institutions,
the offices of the elective state officers, the supreme court,
the court of appeals, the administrative and other departments of
the state government, and the offices of all appointive officers
of the state, shall be paid for out of the moneys appropriated
for supplies, material, and service of the respective
institutions, offices, and departments.
(4) The director of general administration shall submit, on
an annual basis, the written notifications required by subsection
(2) of this section to the director of financial management.
[2009 c 549 § 5066; 1986 c 158 § 10; 1984 c 102 § 2; 1971 c 81 § 111; 1965 c 8 § 43.19.200. Prior: 1955 c 285 § 13; prior: 1921 c 7 § 37, part; RRS § 10795, part.]
NOTES:
Findings -- 1984 c 102: "The legislature finds that the emergency purchasing provisions of state law are being more liberally construed than the legislature originally intended. Therefore, the legislature finds that it is necessary to clarify the law as it pertains to emergency purchases and to provide a mechanism for legislative oversight." [1984 c 102 § 1.]