AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DISPOSAL OF STATE-OWNED PROPERTY.

Legislation Document

SPONSOR:

Sen. Sturgeon & Rep. Griffith

Rep. Lambert

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE SUBSTITUTE NO. 1

FOR

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 § 7001, 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 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) “Government Support Services” or “GSS” means the Government Support Services Section of the Office of Management and Budget.

(4)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.

(5) “School” means a public school or school district, including charter schools.

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.

(a)

(1)

All equipment,

supplies

supplies,

and

materiel, including vehicles,

materiel

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 an agency determines that

materiel

so

held or used

is determined

by

a state

the

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 to Government Support Services

for appropriate reallocation or disposal.

(3) Except for vehicles, materiel 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

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

GSS

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.

GSS.

Vehicles not purchased by agencies may be made available, at fair market value as determined by

the Section,

GSS,

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

deemed surplus, obsolete or no longer suitable for the purpose for which they were intended, Government Support Services

(3) If computer technology is not being replaced under paragraph (a)(3) of this section, GSS

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

GSS.

(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, GSS 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

This transfer or

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

Like Senate Bill No. 62, Senate Substitute No. 1 for SB 62 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.

Senate Substitute No. 1 for SB 62 differs from SB 62 by making additional technical corrections and clarifications.

Author: Senator Sturgeon