CHAPTER 142

CREATING STATE AGENCY FOR SURPLUS PROPERTY

AN ACT TO AMEND TITLE 29, DELAWARE CODE, ENTITLED "STATE GOVERNMENT" BY CREATING A STATE AGENCY FOR SURPLUS PROPERTY, AND PRESCRIBING ITS POWERS AND DUTIES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Delaware Code, is amended by adding a new chapter thereto as follows:

CHAPTER 68. SURPLUS PROPERTY § 6801. Definitions

As used in this chapter

"Act" means the Federal Property and Administrative Services Act of 1949, as amended.

"Agency" or "State Agency" means the State Board of Trustees of the Delaware State Hospital at Farnhurst acting as the Delaware State Agency for Surplus Property.

§ 6802. State Agency for Surplus Property designated

The State Board of Trustees of the Delaware State Hospital at Farnhurst shall be the Delaware State Agency for Surplus Property.

§ 6803. Powers and duties; employees

(a) The State Agency may

(1) acquire from the United States of America in conformance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended, such property, including equipment, materials, books, or other supplies

under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may hereafter be authorized by Federal law;

(2) warehouse such property; and

(3) distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which have been held exempt from taxation under Section 501 (c) (3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal law to acquire such property.

(b) The State Agency may receive applications from eligible health and educational institutions for the acquisition of Federal surplus real property, investigate the same, obtain expression of views respecting such applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for such purposes, and otherwise assist in the processing of such applications for acquisition of real and related personal property of the United States under Section 203 (k) of the Act.

(c) The State Agency may adopt rules and regulations and prescribe requirements and take such other action as it deems necessary and suitable, in the administration of this chapter, to assure maximum utilization by and benefit to health, educational and civil defense institutions and organizations within the State from property distributed under this chapter.

(d) The State Agency may appoint advisory boards or committees, and employ personnel, fix their compensation and prescribe their duties. The positions of all personnel so employed

shall be filled by persons selected and appointed on a nonpartisan merit basis.

(e) The State Agency may make such certifications, take such action, make such expenditures and enter into such contracts, agreements and undertakings for and in the name of the State (including cooperative agreements with any Federal agencies providing for utilization by and exchange between them of the property, facilities, personnel and services of each by the other), require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing, and distribution of personal property received from the United States of America.

(f) The State Agency shall cooperate to the fullest extent consistent with the provisions of the Act, with the departments or agencies of the United States of America and shall file a State plan of operation, operate in accordance therewith, and take such action as may be necessary to meet the minimum standards prescribed in accordance with the Act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require, and it shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use or accounting for, property donable or donated to the State.

§ 6804. Bonds for employees

The State Agency may bond any employee handling moneys, signing checks, or receiving or distributing property from the United States or receiving or distributing property from the United States under authority of this chapter.

§ 6805. Charges

The State Agency may make charges to the recipients of the property distributed hereunder for the acquisition, warehousing, distribution, or transfer of any property of the United States of America, but such charges shall be limited to those reasonably related to the costs of acquisition, receipt, warehousing, distribution or transfer by the State Agency and, in the case of real property, such charges shall be limited to the reasonable administrative costs of the State Agency incurred in effecting transfer.

§ 6806. Accounting procedures; special account; expenditures

All funds collected by the State Agency shall be accounted for as provided by law for receipts by State agencies, but such funds shall be deposited in a special account to be used by the State Agency to carry out the purposes of this chapter. No funds in such special account shall revert to the General Fund.

Approved June 13, 1957.