HB399INTRODUCED
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HB399
K8DV55A-1
By Representative Estes (N & P)
RFD: Local Legislation
First Read: 06-Mar-25
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5 K8DV55A-1 12/06/2024 OW (L)OW 2024-2903
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First Read: 06-Mar-25
A BILL
TO BE ENTITLED
AN ACT
Relating to Lamar County; to amend Section 45-38-71.01,
Code of Alabama 1975; to revise the process for personal
property auctions by the county commission; to remove any
publication requirement for the disposition of county property
via online auction; and to make nonsubstantive, technical
revisions to update existing code to current language style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-38-71.01, Code of Alabama 1975,
is amended to read as follows:
"ยง45-38-71.01
(a) This section shall only apply in Lamar County.
(b)(1) All contracts for the sale or disposal of real
property, or tangible personal property , equipment, or other
items owned by or under the control of the county commission
shall be let by free and open competitive sealed bids. The
chair of the county commission shall certify to the
description and condition of the property, shall give
jurisdiction in writing for the disposal of the property,
shall estimate the value of the property, and shall keep the
certification as a part of the permanent record of the
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certification as a part of the permanent record of the
commission. Tangible personal property , equipment, or other
items owned by or under the control of the county commission
which havehas trade-in value may be offered as a credit
against the cost of property purchased in accordance with the
Alabama Competitive Bid Law Article 3 of Chapter 16 of Title
41.
(2) Every proposal to make a sale covered by this
section shall be publicly advertised for four two consecutive
weeks in a newspaper of countywide circulation and advertised
one time in a newspaper of statewide circulation not less than
seven days in advance of the date fixed for closing the
receipt of bids. The advertisements shall state a description
of the property to be sold along with the date, time, and
place of opening of the sealed bids.
(c) All bids shall be publicly opened and all bidders
shall be entitled to be present at the bid opening in person
or by representative. Any agreement or collusion among bidders
or prospective bidders or any other person in restraint of
freedom of competition, by any agreement to bid at a fixed
price or to refrain from bidding, shall render the bids of the
bidders void and shall cause such bidders to be disqualified
from submitting further bids on the sale. Any disclosure prior
to opening the sealed bids or the terms of a bid shall render
the proceedings void.
(d) In lieu of the bidding procedures provided in
subsections (b) and (c), tangible personal property ,
equipment, or other items owned by or under the control of the
county commission may be sold at a public auction , whether at
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county commission may be sold at a public auction , whether at
a public auction in person or online, by public bidding . once
a year.The county shall publicly advertise for two
consecutive weeks in advance the The date, time, and location
of the auction. shall be publicly advertised for four
consecutive weeks in advance of the auction. If the auction
will be online, the county is not required to publicly
advertise the auction. A list of the items to be auctioned
shall be available in the offices of the county commission.
(e) All proceeds from the sale or other disposition of
the property under this section shall be deposited in the fund
of the district owning the property or the general fund of the
county, if the property was owned by the county.
(f) Anyone who knowingly violates this section shall be
guilty of a Class B felony and upon conviction shall be fined
up to fifteen thousand dollars ($15,000) and may be imprisoned
in the state penitentiary for up to seven years.
(g)(f) Any taxpayer of the area within the jurisdiction
of the county and any bona fide unsuccessful bidder on a
particular contract may bring a civil action in the
appropriate court to enjoin execution of any contract entered
into in violation of this section."
Section 2. This act shall become effective on June 1,
2025.
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