CHAPTER 213

FORMERLY SENATE BILL NO. 361

AN ACT TO AMEND TITLE 29, CHAPTER 70, DELAWARE CODE, RELATING TO SALE OF STATE OWNED MATERIEL.

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

Section 1. § 7002, Chapter 70, Title 29, Delaware Code, is hereby repealed in its entirety, and the following is substituted in lieu thereof:

"§7002. Sale of State-owned materiel

All equipment, supplies and materiel, including vehicles, purchased in whole or in part with State appropriated funds shall be considered as assets of the State and not of the State Agency which holds or uses the materiel. When materiel so held or used is determined by a State agency to be in excess of its needs, it shall be reported by memorandum to the Department of Administrative Services for appropriate reallocation or disposal.

When determined by the Department of Administrative Services that items so reported by a State agency have additional useful life, four weeks written notice of the availability of such materiel shall be given to all State agencies by the Department of Administrative Services; requests for such items will be submitted in writing to the Secretary, Department of Administrative Services. In the event that two or more requests for such property are received, the Department of Administrative Services shall make an appropriate determination as to allocation.

In the event that no State agency submits a request for such materiel, within the prescribed four week period, the Department of Administrative Services shall arrange for movement of the materiel to an appropriate storage area for disposal action; if the quantity or size of the materiel makes removal unwarranted, the Department of Administrative Services will arrange for public sale or auction on site.

Notice of sales or auctions shall be advertised at least once a week for two consecutive weeks, in a Delaware newspaper circulated in each County of the State, and the materiel sold to the highest bidder; however, if the anticipated proceeds of the sale are expected to be equal to or less than the cost of handling and advertising, the advertising requirement may be waived at the discretion of the Secretary of Administrative Services. Any materiel remaining after offering at public sale or auction shall be disposed of by the Department of Administrative Services in the best interest of the State. All proceeds from such sales shall be deposited with the State Treasurer."

Section 2. This Act shall become effective ninety days after the Governor shall have affixed his signature thereto.

Approved July 5, 1971.