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Legislation Document
SPONSOR:
Sen. Sturgeon & Rep. Griffith
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 62
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DISPOSAL OF STATE-OWNED PROPERTY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 7002, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 7001. Definitions.
For purposes of this chapter:
(a) As used in this chapter, “agency”
(1) “Agency”
includes every board, department, bureau, commission,
person or
person,
group of
persons
persons,
or other authority
created and now existing or hereafter to be created to execute, supervise, control and/or administer
to which any of the following apply:
a. Executes, supervises, controls, or administers
governmental functions under the laws of this State or
to perform
performs
such other duties as may be
prescribed or to whom
prescribed.
b. Receives
any
moneys are appropriated
funds
under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect
and/or
or
use any taxes, fees, licenses,
permits
permits,
or other receipts for services or
otherwise
for the performance of any function
of or
of,
related
to
to,
or supported in whole or in part by the laws of this
State, and/or created to administer
State.
c. Administers
any laws providing for the collection of taxes, fees, permits,
licenses
licenses,
or other forms of receipts from any
sources whatsoever
source
for the use of
the State or
this State, including
any agency of
the
this
State.
(b) As used in this chapter, the term “materiel” shall mean
(2) “Computer technology” means computers, computer equipment, or software.
(3)a. “Materiel” means
materials, equipment, vehicles, tools,
supplies
supplies,
and any other personal
property, but does not include
property.
b. “Materiel” does not mean
real
property such as, but not limited to,
property, such as
land,
ponds and
ponds, or
buildings.
(4) “School” means a public school or school district, including charter schools.
(5) “Section” or “Government Support Services” means the Government Support Service Section of the Office of Management and Budget.
Section 2. Amend § 7002, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7002.
Public auction and/or disposal
Disposal
of state-owned
property.
property; public auction.
(a)
(1)
All equipment,
supplies
supplies,
and materiel, including vehicles, purchased in whole or in part with state-appropriated funds
shall be considered as
are
assets of
the
this
State and
are
not
assets
of the state agency which holds or uses the
materiel. When
materiel, except as provided under paragraph (a)(3) of this section.
(2) When a state agency determines that
materiel
so
held or used
is determined
by
a
the
state agency
to be
is
in excess of
it’s needs, it shall be reported by memorandum to the Office of Management and Budget, Government Support Services Section
the agency’s needs, the agency shall report this excess materiel, by memorandum, to Government Support Services
for appropriate reallocation or disposal.
(3) Materiel under paragraphs (b)(1) or (b)(3) of this section that is being replaced in kind is not excess materiel under paragraph (a)(2) of this section and an agency, including a school, may enter into an agreement with a purchasing vendor to trade in this materiel on similar materiel or sell this materiel and credit the receipt as required under § 6102(c) of this title.
(b)
When
(1)a. Except as provided for vehicles under paragraph (b)(2) of this section and computer technology under paragraph (b)(3) of this section, when
Government Support Services determines that the
materiel, with the exception of vehicles and computer equipment, so
materiel
reported by the agency
under paragraph (a)(2) of this section
has additional useful life, Government Support Services shall give 2 weeks’ written notice to
State
state
agencies, volunteer ambulance services, volunteer rescue
services
services,
and volunteer fire departments of the availability of
such
the
materiel.
b.
Requests for
such
materiel
shall
under paragraph (b)(1)a. of this section must
be submitted in writing to Government Support Services. In the event 2 or more agencies request the same materiel, the Section shall make the appropriate determination as to allocation.
(2)a.
Vehicles can be made available to agencies at fair market value as determined by the Section. Vehicles not purchased by agencies may be made available, at fair market value as determined by the Section, to any private organization that is exempt from taxation under § 501(c) of the Federal Internal Revenue
Code [26 U.S.C. § 501(c)]
Code, 26 U.S.C. § 501(c),
and whose headquarters is in
the
this
State.
b.
Requests for vehicles by
eligible private, nonprofit organizations, as defined herein, shall
organizations eligible under paragraph (b)(2)a. of this section, must
be submitted in writing to Government Support Services.
Whenever any computers, computer equipment or software are
(3) When computer technology is
deemed surplus,
obsolete
obsolete,
or no longer suitable for the purpose for which
they were
it is
intended, Government Support Services shall offer
that computer technology
to the Department of Education’s Partners in Technology Group
those assets prior to
before
disposal or disposition to any other group or agency. Upon acceptance, the Partners in Technology Group will pick up the computer
equipment
technology
from the holding agency at no charge. Government Support Services shall dispose of the computer
equipment
technology
refused by the Partners in Technology Group following the procedures
established in
under
subsection (c) of this section.
(c)
In the event that no state agencies, volunteer ambulance services, volunteer rescue services or volunteer fire departments and in the case of vehicles, private, non-profit organizations, as defined in subsection (b) of this section request such
(1) If no requests are received for
materiel within the 2-week
period,
period under subsection (b) of this section,
Government Support Services shall transfer the materiel to an appropriate storage area. The materiel can then be made available to other political subdivisions, nonprofit organizations, or the general public at reasonable cost as determined by the Section.
The Section may arrange for public auction of such materiel whe
n
(2) When
the quantity or size of the materiel makes removal from the site of the disposing agency
unwarranted,
unwarranted
or when it is in the best interest of
the State.
this State, the Section may arrange for public auction of the materiel under subsection (d) of this section or the sale of the materiel under subsection (f) of this section.
(e)
The term “excess,” as used in the section, shall not apply to used materiel which is being replaced in kind. In the event an agency determines to replace materiel, the agency may “trade in” such materiel on similar materiel with the exception of vehicles, or it may sell such materiel and credit the receipt in accordance with § 6102(c) of this title.
[Transferred].
(f)
Nothing in this section
shall interfere
interferes
with the right of Government Support Services to transfer or sell
such
equipment within
the
this
State to the groups
as provided for in subsection (c)
in paragraph (c)(1)
of this section at mutually agreed values
prior to
before
the public auction. The sale shall be conducted for the agency by the Office of Management and Budget, Government Support Services Section upon written request of the agency.
SYNOPSIS
This Act clarifies that state agencies, including public schools, may enter into agreements to trade in or sell materiel other than vehicles, including computer technology, by making the following technical changes to § 7002 of Title 29:
• Transferring the current provision allowing agencies to trade in or sell materiel other than vehicles from § 7002(e) to paragraph § 7002(a)(3).
• Transferring definitions of terms from § 7002 to the definitions section for this chapter, § 7001 of Title 29.
• Revising long, confusing sentences by referencing paragraphs in § 7002 instead of repeating the content of those paragraphs.
• Conforming existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Sturgeon