HB284INTRODUCED
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M8PGHW-1
By Representative Lovvorn
RFD: State Government
First Read: 11-Apr-23
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5 M8PGHW-1 04/11/2023 ZAK (L)cr 2023-1446
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SYNOPSIS:
Under existing law, the Alabama Department of
Economic and Community Affairs is responsible for the
sale of surplus personal property owned by the Alabama
Forestry Commission.
This bill would provide for the State Forester
to dispose of surplus personal property owned by the
Alabama Forestry Commission through sale.
A BILL
TO BE ENTITLED
AN ACT
Relating to surplus state property; to authorize the
State Forester to sell surplus personal property owned by the
Alabama Forestry Commission.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) Notwithstanding any law to the
contrary, the State Forester shall have the authority to and
be responsible for the sale of any vehicles, equipment, and
other personal property owned by the Alabama Forestry
Commission. These items shall be sold by the State Forester or
his or her designee either at public auction or by a
negotiated sale to any other state department, agency, or
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political subdivision thereof.
(b) Every proposal to make a sale at public auction
shall be advertised for at least two consecutive weeks in
advance of the date fixed for the auction. The advertisement
shall be listed continuously for at least two weeks on the
public website of the Alabama Forestry Commission. Any
additional advertisements may be made as deemed necessary by
the commission. Advertisements for auctions shall describe the
property to be sold, where the property is located, the date,
time, and place the property may be inspected and the date,
time, and place of the auction. Property advertised under this
section shall be available for inspection during normal
business hours, at the advertised location of the property,
for at least 48 hours prior to sale.
(c) Bids shall be publicly taken or opened, in the case
of sealed bids, by the Alabama Forestry Commission or its
designee, and all bidders shall be entitled to be present in
person or by representative. The bid of the successful bidder
so marked, as well as the bids of unsuccessful bidders in the
case of sealed bids, shall be placed on file open to public
inspection and shall become matters of public record. If a
successful bidder fails to make payment for any item
successfully bid upon, he or she may be prohibited from
bidding at any sale held by the Alabama Forestry Commission
for a period of 12 months following the failure to pay.
(d) All property sold under this section shall be paid
for at the time of acceptance of a bid by the purchaser or his
or her representative, either by cashier's check, bank draft,
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certified check, U.S. currency, or notarized bank letter
stating that the holder may purchase surplus property and also
stating a maximum amount. A successful bidder shall take
possession of and remove the purchased property within seven
days of payment, unless some other time is agreed to in
advance and in writing by the Alabama Forestry Commission.
(e) No officer or employee of the State of Alabama or
any of its departments, boards, bureaus, commissions,
institutions, corporations, or agencies shall act as agent for
any bidder, provided that officers or employees may not be
excluded from bidding on or purchasing state property at
public sale.
(f) Any sale made in violation of the terms of this
section shall be void, and the person responsible for the
violations shall be subject to liquidated damages of not less
than one thousand dollars ($1,000) and not more than ten
thousand dollars ($10,000), which may be recovered for the
State of Alabama by the Attorney General by civil action in
the Circuit Court of Montgomery County. Any monies recovered
by the Attorney General under this section shall be deposited
into the State General Fund.
(g) All proceeds from sales made under this section,
whether at public auction or by negotiation, shall be paid
into the Alabama Forestry Commission Fund in the State
Treasury for use by the Alabama Forestry Commission.
(h) The Alabama Forestry Commission may adopt rules as
deemed necessary to carry out this section.
Section 2. This act shall become effective on the first
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day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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