CHAPTER 149

FORMERLY

SENATE BILL NO. 226

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE SALE OF STATE-OWNED MATERIEL.

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

Section 1. Amend Title 29, §7002 of the Delaware Code by striking the title of said section in its entirety and substituting in lieu thereof the following:

"§7002. Public Auction and/or Disposal of State-Owned Property."

Section 2. Amend Title 29, §7002(c) of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(c) In the event that no State agencies or volunteer fire departments request such materiel within the 2-week period, the Division of Purchasing shall transfer the materiel to an appropriate storage area. The materiel can then be made available to other political subdivisions, non-profit organizations, or the general public at reasonable cost as determined by the Division. The Division may arrange for public auction of such materiel when the quantity or size of the materiel makes removal from the site of the disposing agency unwarranted, or when it is in the best interest of the State."

Section 3. Amend Title 29, §7002(d) of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(d) Notice of auctions shall be advertised at least once a week for 2 consecutive weeks in a Delaware newspaper circulated in each county of the State; provided, however, that if the anticipated proceeds of such auction are 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. The materiel shall be sold to the highest bidder at such auction. Any materiel remaining after being offered at such
auction shall be disposed of by the Department of Administrative Services in the best interests of the State. All proceeds from such auctions shall be deposited with the State Treasurer."

Section 4. Amend Title 29, §7002(e) of the Delaware Code by striking the third sentence in its entirety.

Section 5. Amend Title 29, §7002(e) of the Delaware Code by striking the words "approved applicants as defined in §8807(a)(1)c of this title" as they appear therein and substituting in lieu thereof the following:

"the groups as provided for in §7002(c) herein."

Approved July 14, 1993.