SB128 Alabama 2023 Session

Summary

Primary Sponsor

Clay Scofield

Republican

Session

Regular Session 2023

Title

Relating to surplus state property; to authorize the State Forester to sell surplus personal property owned by the Alabama Forestry Commission

Summary

SB128 would let the State Forester sell surplus Alabama Forestry Commission property and set how the sales are conducted and how money from the sales is used.

What This Bill Does

The bill transfers the authority to sell surplus property from the Alabama Department of Economic and Community Affairs to the State Forester. Surplus items can be sold via public auction or negotiated sales to other state departments or subdivisions, with required advertising, inspection, and bidding procedures. Proceeds go to the Alabama Forestry Commission Fund, and violations can lead to penalties and potential damages payable to the State General Fund; the Commission can adopt necessary rules and the act takes effect a few months after passage.

Who It Affects

• State Forester and the Alabama Forestry Commission: gain authority to sell surplus property and must follow specified sale procedures; proceeds are directed to the Commission's fund.
• Bidders (the public and other state agencies): may bid on surplus items through public auctions or negotiated sales and must comply with payment, removal, and inspection rules; failure to pay can result in a 12-month bidding ban.

Key Provisions

• The State Forester has authority to sell surplus personal property owned by the Alabama Forestry Commission, either at public auction or via negotiated sale to other state departments/agencies/subdivisions.
• Sales must be advertised at least two consecutive weeks before the auction, and be posted on the Alabama Forestry Commission’s public website for at least two weeks, including details about the property, location, inspection times, and auction date/time/place.
• Bids are public, with successful and unsuccessful bids and related documents available for public inspection; a successful bidder who fails to pay may be prohibited from bidding for 12 months.
• Payment must be made at the time of bid acceptance using cashier's check, bank draft, certified check, U.S. currency, or a notarized bank letter confirming purchase capacity.
• Purchasers must take possession and remove purchased property within seven days of payment, unless a different arrangement is agreed in writing.
• No state officer or employee may act as an agent for bidders, though they may bid or purchase.
• If a sale violates the terms, it is void; penalties range from $1,000 to $10,000, recoverable by the Attorney General in Montgomery County Circuit Court, with damages deposited into the State General Fund.
• All sale proceeds go to the Alabama Forestry Commission Fund in the State Treasury for use by the Commission.
• The Alabama Forestry Commission may adopt rules necessary to implement this section.
• The act becomes effective on the first day of the third month after it is passed and approved.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Alabama Forestry Commission surplus property, to provide for disposition