| (iii) A report to law enforcement personnel must be
made not later than the 48th hour after reasonable cause for the belief
arises.
(2) Designation, supervision, and training of property
managers.
(A) The head of a state agency shall:
(i) designate a property manager for the agency;
(ii) inform the comptroller of the designation by properly
completing and submitting the form required by the comptroller; and
(iii) ensure that the property manager receives training
about this section and the state property accounting system.
(B) The head of a state agency may designate more than
one property manager for the agency only if the comptroller approves.
(C) The head of a state agency may designate one or
more alternate property managers for the agency. The head of agency
shall inform the comptroller of the designation by properly completing
and submitting the form required by the comptroller.
(D) If a state agency's property manager or alternate
property manager changes, then the head of the agency shall inform
the comptroller of the change by properly completing and submitting
the form required by the comptroller.
(E) The head of a state agency shall ensure that the
property manager for the agency properly carries out the property
manager's duties as required by this section.
(3) Providing receipts. The head of a state agency
shall provide the receipt required by subsection (g)(4) of this section
if the head of agency is entrusted with personal property or trust
property.
(4) Use of personal property or trust property. The
head of a state agency may use personal property and trust property
only for state purposes.
(5) Change in the head of a state agency.
(A) When the head of a state agency changes, the outgoing
head of agency shall complete the form required by the comptroller
and deliver the form to the incoming head of agency.
(B) After verifying and signing the form, the incoming
head of agency shall send copies of the form to the comptroller.
(6) Liability. The head of a state agency is financially
liable for the loss sustained by the state if the head of agency is
entrusted with personal property or trust property and:
(A) the property disappears because the head of agency
fails to exercise reasonable care for its safekeeping;
(B) the property deteriorates because the head of agency
fails to exercise reasonable care to maintain and service it; or
(C) the property is damaged or destroyed because of
the head of agency's negligent or intentional wrongful act.
(g) Responsibilities of property managers.
(1) Determining the responsibilities of alternate property
managers. The property manager of a state agency shall determine the
responsibilities of the agency's alternate property managers. The
property manager shall ensure that the alternate property managers
properly fulfill their responsibilities.
(2) Custody of personal property and trust property.
(A) The property manager of a state agency is the custodian
of all personal property and trust property possessed by the agency.
(B) If a property manager has reasonable cause to believe
that personal property or trust property is missing, damaged, or destroyed
because of a state employee's negligence, then the property manager
shall inform the attorney general. A report to the comptroller must
be made in the form and manner required by the comptroller.
(i) A report to the comptroller must be made immediately
and by entering the appropriate disposal code into the state property
accounting system.
(ii) A report to the attorney general must include
the appropriate form. The form must be transmitted to the attorney
general by facsimile. The report must be made not later than the fifth
working day after reasonable cause for the belief arises.
(C) If a property manager has reasonable cause to believe
that the agency's personal property or trust property has been stolen,
the property manager shall inform the attorney general and local law
enforcement personnel.
(i) A report to the comptroller must be made immediately
and by entering the appropriate disposal code into the state property
accounting system.
(ii) A report to the attorney general must include
the appropriate form. The form must be transmitted to the attorney
general by facsimile. The report must be made not later than the fifth
working day after reasonable cause for the belief arises.
(iii) A report to law enforcement personnel must be
made not later than the 48th hour after reasonable cause for the belief
arises.
(3) Maintaining records. The property manager of a
state agency shall maintain the records required by the comptroller
and this section.
(4) Entrusting personal property or trust property
to other persons.
(A) A property manager may not entrust personal property
or trust property to a person unless the person provides a signed,
written, and dated receipt to the property manager.
(B) The receipt must contain a statement similar to
the following. "I understand that I am financially liable to the state
for the disappearance of the personal property or trust property if
I fail to exercise reasonable care for its safekeeping; the deterioration
of the property if I fail to exercise reasonable care to maintain
and service it; and the damage or destruction of the property if it
occurs because of my negligent or intentional wrongful act."
(C) A property manager may not entrust personal property
or trust property to a person if the property manager knows or reasonably
should know that the person will use the property for other than state
purposes.
(5) Use of personal property and trust property. A
property manager may use personal property and trust property only
for state purposes.
(6) Changes in property managers.
(A) When a property manager changes, the outgoing property
manager shall complete the form required by the comptroller and deliver
the form to the incoming property manager.
(B) After verifying and signing the form, the incoming
property manager shall send copies of the form to the comptroller.
(7) Liability. A property manager is financially liable
for the loss sustained by the state if the property manager is entrusted
with personal property or trust property and:
(A) the property disappears because the property manager
fails to exercise reasonable care for its safekeeping;
(B) the property deteriorates because the property
manager fails to exercise reasonable care to maintain and service
it; or
(C) the property is damaged or destroyed because of
the property manager's negligent or intentional wrongful act.
(h) Responsibilities of state employees.
(1) Providing receipts. A state employee shall provide
the receipt required by subsection (g)(4) of this section if the employee
is entrusted with personal property or trust property.
(2) Use of personal property and trust property. A
state employee may use personal property only for state purposes.
(3) Liability. A state employee is financially liable
for the loss sustained by the state if the employee is entrusted with
personal property or trust property and:
(A) the property disappears because the employee fails
to exercise reasonable care for its safekeeping;
(B) the property deteriorates because the employee
fails to exercise reasonable care to maintain and service it; or
(C) the property is damaged or destroyed because of
the employee's negligent or intentional wrongful act.
(i) Valuation of personal property.
(1) General provision. This subsection governs the
valuation of personal property as reported to the state property accounting
system.
(2) Newly acquired personal property. The value of
newly acquired personal property must be equal to the sum of:
(A) the cost of the property; and
(B) the costs required to place the property into service.
(3) Donated personal property.
(A) The value of personal property acquired through
donation must be equal to its fair market value on the date of donation.
(B) The fair market value of donated personal property
must be determined through a reasonable market study.
Cont'd... |
