Alabama 2023 Regular Session

Alabama Senate Bill SB128 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB128ENROLLED~~
	1	+	SB128INTRODUCED
2	2		Page 0
3		-	U8U5GX-2
4		-	By ~~Senators~~ Scofield~~, Sessions, Williams, Butler~~
	3	+	U8U5GX-1
	4	+	By Senator Scofield
5	5		RFD: Agriculture, Conservation, and Forestry
6	6		First Read: 22-Mar-23
7		-	2023 Regular Session
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13		-	6 SB128 EnrolledSB128 Enrolled
	11	+	5 U8U5GX-1 03/22/2023 ZAK (L)cr 2023-839
14	12		Page 1
15		-	Enrolled, An Act,
	13	+	SYNOPSIS:
	14	+	Under existing law, the Alabama Department of
	15	+	Economic and Community Affairs is responsible for the
	16	+	sale of surplus personal property owned by the Alabama
	17	+	Forestry Commission.
	18	+	This bill would provide for the State Forester
	19	+	to dispose of surplus personal property owned by the
	20	+	Alabama Forestry Commission through sale.
	21	+	A BILL
	22	+	TO BE ENTITLED
	23	+	AN ACT
16	24		Relating to surplus state property; to authorize the
17	25		State Forester to sell surplus personal property owned by the
18		-	Alabama Forestry Commission.
	26	+	Alabama Forestry Commission
19	27		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
20	28		Section 1. (a) Notwithstanding any law to the
21	29		contrary, the State Forester shall have the authority to and
22	30		be responsible for the sale of any vehicles, equipment, and
23	31		other personal property owned by the Alabama Forestry
24	32		Commission. These items shall be sold by the State Forester or
25	33		his or her designee either at public auction or by a
26	34		negotiated sale to any other state department, agency, or
27		-	political subdivision thereof.
28		-	(b) Every proposal to make a sale at public auction
29		-	shall be advertised for at least two consecutive weeks in
30		-	advance of the date fixed for the auction. The advertisement
31		-	shall be listed continuously for at least two weeks on the
32		-	public website of the Alabama Forestry Commission. Any
33		-	additional advertisements may be made as deemed necessary by
34		-	the commission. Advertisements for auctions shall describe the
35		-	property to be sold, where the property is located, the date,
36		-	time, and place the property may be inspected and the date,
37		-	time, and place of the auction. Property advertised under this
38		-	section shall be available for inspection during normal
39		-	business hours, at the advertised location of the property,
40		-	for at least 48 hours prior to sale.
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68		-	28 SB128 ~~EnrolledSB128 Enrolled~~
	62	+	28 SB128 INTRODUCEDSB128 INTRODUCED
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	64	+	political subdivision thereof.
	65	+	(b) Every proposal to make a sale at public auction
	66	+	shall be advertised for at least two consecutive weeks in
	67	+	advance of the date fixed for the auction. The advertisement
	68	+	shall be listed continuously for at least two weeks on the
	69	+	public website of the Alabama Forestry Commission. Any
	70	+	additional advertisements may be made as deemed necessary by
	71	+	the commission. Advertisements for auctions shall describe the
	72	+	property to be sold, where the property is located, the date,
	73	+	time, and place the property may be inspected and the date,
	74	+	time, and place of the auction. Property advertised under this
	75	+	section shall be available for inspection during normal
	76	+	business hours, at the advertised location of the property,
	77	+	for at least 48 hours prior to sale.
70	78		(c) Bids shall be publicly taken or opened, in the case
71	79		of sealed bids, by the Alabama Forestry Commission or its
72	80		designee, and all bidders shall be entitled to be present in
73	81		person or by representative. The bid of the successful bidder
74	82		so marked, as well as the bids of unsuccessful bidders in the
75	83		case of sealed bids, shall be placed on file open to public
76	84		inspection and shall become matters of public record. If a
77	85		successful bidder fails to make payment for any item
78	86		successfully bid upon, he or she may be prohibited from
79	87		bidding at any sale held by the Alabama Forestry Commission
80	88		for a period of 12 months following the failure to pay.
81	89		(d) All property sold under this section shall be paid
82	90		for at the time of acceptance of a bid by the purchaser or his
83	91		or her representative, either by cashier's check, bank draft,
84		-	certified check, U.S. currency, or notarized bank letter
85		-	stating that the holder may purchase surplus property and also
86		-	stating a maximum amount. A successful bidder shall take
87		-	possession of and remove the purchased property within seven
88		-	days of payment, unless some other time is agreed to in
89		-	advance and in writing by the Alabama Forestry Commission.
90		-	(e) No officer or employee of the State of Alabama or
91		-	any of its departments, boards, bureaus, commissions,
92		-	institutions, corporations, or agencies shall act as agent for
93		-	any bidder, provided that officers or employees may not be
94		-	excluded from bidding on or purchasing state property at
95		-	public sale.
96		-	(f) Any sale made in violation of the terms of this
97		-	section shall be void, and the person responsible for the
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125		-	56 SB128 ~~EnrolledSB128 Enrolled~~
	119	+	56 SB128 INTRODUCEDSB128 INTRODUCED
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	121	+	certified check, U.S. currency, or notarized bank letter
	122	+	stating that the holder may purchase surplus property and also
	123	+	stating a maximum amount. A successful bidder shall take
	124	+	possession of and remove the purchased property within seven
	125	+	days of payment, unless some other time is agreed to in
	126	+	advance and in writing by the Alabama Forestry Commission.
	127	+	(e) No officer or employee of the State of Alabama or
	128	+	any of its departments, boards, bureaus, commissions,
	129	+	institutions, corporations, or agencies shall act as agent for
	130	+	any bidder, provided that officers or employees may not be
	131	+	excluded from bidding on or purchasing state property at
	132	+	public sale.
	133	+	(f) Any sale made in violation of the terms of this
	134	+	section shall be void, and the person responsible for the
127	135		violations shall be subject to liquidated damages of not less
128	136		than one thousand dollars ($1,000) and not more than ten
129	137		thousand dollars ($10,000), which may be recovered for the
130	138		State of Alabama by the Attorney General by civil action in
131	139		the Circuit Court of Montgomery County. Any monies recovered
132	140		by the Attorney General under this section shall be deposited
133	141		into the State General Fund.
134	142		(g) All proceeds from sales made under this section,
135	143		whether at public auction or by negotiation, shall be paid
136	144		into the Alabama Forestry Commission Fund in the State
137	145		Treasury for use by the Alabama Forestry Commission.
138	146		(h) The Alabama Forestry Commission may adopt rules as
139	147		deemed necessary to carry out this section.
140	148		Section 2. This act shall become effective on the first
141		-	day of the third month following its passage and approval by
142		-	the Governor, or its otherwise becoming law.
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160		-	________________________________________________
161		-	President and Presiding Officer of the Senate
162		-	________________________________________________
163		-	Speaker of the House of Representatives
164		-	SB128
165		-	Senate 06-Apr-23
166		-	I hereby certify that the within Act originated in and passed
167		-	the Senate.
168		-	Patrick Harris,
169		-	Secretary.
170		-	House of Representatives
171		-	Passed: 27-Apr-23
172		-	By: Senator Scofield
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	178	+	day of the third month following its passage and approval by
	179	+	the Governor, or its otherwise becoming law.
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