CHAPTER 233

FORMERLY

HOUSE BILL NO. 205

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §7001, Chapter 70, Title 29 of the Delaware Code by

striking subsection (a) in its entirety, and substituting in lieu thereof the following:

As used in this chapter 'Agency' includes every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State, and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State."

Section 2. Amend §7002(a), Chapter 70, Title 29 of the Delaware Code by inserting after the words "Department of Administrative Services" and before the words "for appropriate reallocation" the words ",Division of Purchasing" in the second sentence of said subsection.

Section 3. Amend §7002, Chapter 70, Title 29 of the Delaware Code by

striking subsection (b) in its entirety and substituting in lieu thereof the following:

When the Division of Purchasing determines that the material so reported by the agency has additional useful life, the Division of Purchasing shall give two weeks written notice to State agencies and volunteer fire departments of the availability of such material. Requests for such material shall be submitted in writing to the Division of Purchasing. In the event two or more agencies request the same material, the Division shall make the appropriate determination as to allocation."

Section 4. Amend §7002, Chapter 70, Title 29, Delaware Code by striking Subsection (c) in its entirety and substituting in lieu thereof the following:

In the event that no State agency or volunteer fire department submits a request for such material within the two-week period, the Division of Purchasing shall transfer the material to an appropriate storage area. The material can then be made available to other political subdivisions or nonprofit organizations with tax exempt status under §501(c)(3) of the United States Internal Revenue Code. If the quantity or size of the material makes removal from the site of the disposing agency unwarranted, the Division may arrange for public sale or auction on site.

Section 5. Amend §7002(e), Chapter 70, Title 29, Delaware Code by deleting the word "Finance" as it appears in the third sentence of said subsection and substituting in lieu thereof the phrase "Administrative Services, Division of Purchasing", by deleting the word "Department" as it appears after the words "shall interfere with the right of the" and before the words "to transfer or sell such equipment" in the fourth sentence of said subsection and substituting in lieu thereof the words "Division of Purchasing", and by inserting after the words "Department of Administrative Services" and before the words "upon written request of the agency" as they appear in the fifth sentence of said subsection the words ", Division of Purchasing."

Approved April 22, 1992