Bill 527.

Summary.

The bill establishes rules for tracking the condition and disposition of state-owned movable property and promoting its repair, reuse, donation, recycling or responsible disposal. It would apply to the Executive, Legislative and Judicial Branches, autonomous and semi-autonomous entities, state-owned enterprises, municipalities, community boards, local authorities and any institution that administers public property. It defines, among other concepts, the write-off record, public donation, circular economy, reuse and traceability.

As management principles, it requires accessible, free, digital public information on property that is no longer in use, has been written off, reassigned, donated or recycled. Before disposing of such property, entities would have to determine whether it can be repaired, reused or transferred. The bill gives preference to directing property an entity no longer uses toward social, educational, health, cultural, environmental or community purposes. For property that cannot be reused, it requires coordination of its environmentally appropriate disposition with the Ministry of Economy and Finance, the Ministry of Environment (Ministerio de Ambiente) and the Urban and Household Sanitation Authority (Autoridad de Aseo Urbano y Domiciliario). Transfers and donations would require delivery and receipt records and publication by the National Authority for Transparency and Access to Information.

Public entities would have to publish updated information on the nature, condition, use and disposition of their property. Anyone could request and receive that information under the applicable rules, while officials responsible for managing the property would be accountable for concealing information or improperly omitting it. The bill provides for processes to identify and prepare property for reuse, transparent procedures for temporary assignment, donation, sale or exchange, and policies based on the circular economy.

Each entity would maintain a Register of Property No Longer in Use and Written-Off Property in its Property Assets Department (Departamento de Bienes Patrimoniales), under the supervision of the Internal Audit Office (Oficina de Auditoría Interna) or its equivalent. The Ministry of Economy and Finance would consolidate the data in the State Property Assets System (Sistema de Bienes Patrimoniales del Estado) and send a monthly public report to the National Authority for Transparency and Access to Information. Registered property would have to be reassigned, reused or transferred within a maximum of 60 business days. After that, the Ministry of Economy and Finance could authorize its donation, recycling or final disposal. The property would be offered in this order: educational centers and hospitals; state institutions; municipalities and community boards; and legally constituted nonprofit organizations.

The National Authority for Transparency and Access to Information would publish the monthly digital reports; the Office of the Comptroller General would conduct subsequent oversight of registers and transfers. Failure to meet deadlines or register property would constitute a serious administrative offense under Law 33 of 2013 and Law 32 of 1984. The bill provides for certifications for institutions that promote responsible reuse, implementing regulations by the Executive Branch within 6 months of promulgation, and entry into force upon promulgation. Its provisions could be of interest to public entities, educational centers, hospitals, municipalities, nonprofit organizations and sectors involved in repair, recycling and waste management.