Alabama 2023 Regular Session

Alabama House Bill HB284 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB284INTRODUCED
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3	3	M8PGHW-1
4	4	By Representative Lovvorn
5	5	RFD: State Government
6	6	First Read: 11-Apr-23
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11	11	5 M8PGHW-1 04/11/2023 ZAK (L)cr 2023-1446
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13	13	SYNOPSIS:
14	14	Under existing law, the Alabama Department of
15	15	Economic and Community Affairs is responsible for the
16	16	sale of surplus personal property owned by the Alabama
17	17	Forestry Commission.
18	18	This bill would provide for the State Forester
19	19	to dispose of surplus personal property owned by the
20	20	Alabama Forestry Commission through sale.
21	21	A BILL
22	22	TO BE ENTITLED
23	23	AN ACT
24	24	Relating to surplus state property; to authorize the
25	25	State Forester to sell surplus personal property owned by the
26	26	Alabama Forestry Commission.
27	27	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28	28	Section 1. (a) Notwithstanding any law to the
29	29	contrary, the State Forester shall have the authority to and
30	30	be responsible for the sale of any vehicles, equipment, and
31	31	other personal property owned by the Alabama Forestry
32	32	Commission. These items shall be sold by the State Forester or
33	33	his or her designee either at public auction or by a
34	34	negotiated sale to any other state department, agency, or
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64	64	political subdivision thereof.
65	65	(b) Every proposal to make a sale at public auction
66	66	shall be advertised for at least two consecutive weeks in
67	67	advance of the date fixed for the auction. The advertisement
68	68	shall be listed continuously for at least two weeks on the
69	69	public website of the Alabama Forestry Commission. Any
70	70	additional advertisements may be made as deemed necessary by
71	71	the commission. Advertisements for auctions shall describe the
72	72	property to be sold, where the property is located, the date,
73	73	time, and place the property may be inspected and the date,
74	74	time, and place of the auction. Property advertised under this
75	75	section shall be available for inspection during normal
76	76	business hours, at the advertised location of the property,
77	77	for at least 48 hours prior to sale.
78	78	(c) Bids shall be publicly taken or opened, in the case
79	79	of sealed bids, by the Alabama Forestry Commission or its
80	80	designee, and all bidders shall be entitled to be present in
81	81	person or by representative. The bid of the successful bidder
82	82	so marked, as well as the bids of unsuccessful bidders in the
83	83	case of sealed bids, shall be placed on file open to public
84	84	inspection and shall become matters of public record. If a
85	85	successful bidder fails to make payment for any item
86	86	successfully bid upon, he or she may be prohibited from
87	87	bidding at any sale held by the Alabama Forestry Commission
88	88	for a period of 12 months following the failure to pay.
89	89	(d) All property sold under this section shall be paid
90	90	for at the time of acceptance of a bid by the purchaser or his
91	91	or her representative, either by cashier's check, bank draft,
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121	121	certified check, U.S. currency, or notarized bank letter
122	122	stating that the holder may purchase surplus property and also
123	123	stating a maximum amount. A successful bidder shall take
124	124	possession of and remove the purchased property within seven
125	125	days of payment, unless some other time is agreed to in
126	126	advance and in writing by the Alabama Forestry Commission.
127	127	(e) No officer or employee of the State of Alabama or
128	128	any of its departments, boards, bureaus, commissions,
129	129	institutions, corporations, or agencies shall act as agent for
130	130	any bidder, provided that officers or employees may not be
131	131	excluded from bidding on or purchasing state property at
132	132	public sale.
133	133	(f) Any sale made in violation of the terms of this
134	134	section shall be void, and the person responsible for the
135	135	violations shall be subject to liquidated damages of not less
136	136	than one thousand dollars ($1,000) and not more than ten
137	137	thousand dollars ($10,000), which may be recovered for the
138	138	State of Alabama by the Attorney General by civil action in
139	139	the Circuit Court of Montgomery County. Any monies recovered
140	140	by the Attorney General under this section shall be deposited
141	141	into the State General Fund.
142	142	(g) All proceeds from sales made under this section,
143	143	whether at public auction or by negotiation, shall be paid
144	144	into the Alabama Forestry Commission Fund in the State
145	145	Treasury for use by the Alabama Forestry Commission.
146	146	(h) The Alabama Forestry Commission may adopt rules as
147	147	deemed necessary to carry out this section.
148	148	Section 2. This act shall become effective on the first
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178	178	day of the third month following its passage and approval by
179	179	the Governor, or its otherwise becoming law.
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