HB643 By Representative Johnson (R) RFD Public Safety and Homeland Security Rd 1 07-MAY-15

SYNOPSIS: This bill would allow the Secretary of the Alabama Law Enforcement Agency to dispose of agency vehicles and equipment at a public auction or by negotiated sale.

This bill would also specify that any authority, power, duties, or other responsibilities contained in any law or rule relating to any legacy agency is applicable to, and under the authority and power of, the Alabama Law Enforcement Agency and the Secretary of Law Enforcement and would authorize the agency to apply for grants and accept lawful gifts and donations.

A BILL TO BE ENTITLED AN ACT

To amend Section 32-2-83, Code of Alabama 1975, to allow the Secretary of the Alabama Law Enforcement Agency to dispose of agency vehicles and equipment; to specify that any authority, power, duties, or other responsibilities contained in any law or rule relating to any legacy agency shall be applicable to, and under the authority and power of, the Alabama Law Enforcement Agency and the Secretary of Law Enforcement; and to authorize the agency to apply for grants and accept lawful gifts and donations.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 32-2-83, Code of Alabama 1975, is amended to read as follows:

§32-2-83.

"(a) Any other provisions to the law contrary notwithstanding, the Director of the Department of Public Safety Secretary of the Alabama Law Enforcement Agency shall be responsible for the disposal of any Department of Public Safety law enforcement vehicle agency vehicles or equipment. Such vehicle vehicles or equipment shall be sold by the director Secretary or his or her designee either at public auction or by a negotiated sale by the Department of Public Safety Alabama Law Enforcement Agency to any other state department or agency. Any state department or agency may negotiate for the purchase of the vehicle or equipment for their use in compliance with state law.

"(b) Every proposal to make a sale at public auction shall be advertised for at least two weeks in advance of the date fixed for the auction. Such advertisement shall appear at least once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be made, and a copy of such proposal shall simultaneously be posted on a readily accessible public bulletin board at the main office of the Department of Public Safety Alabama Law Enforcement Agency. Advertisements for auctions shall state the item or items to be sold, by class and description, where the property is located and the dates, time, and place the property may be inspected. The advertisements shall further state the date, time, and place of auction. All property advertised under the provisions of this section shall be available for inspection during the normal state office hours, and at whatever place advertised for at least 48 hours prior to sale.

"(c) All property sold under the provisions of this section shall be paid for by the purchaser or his or her representative by cashier's check, bank draft, certified check, U.S. currency, or notarized bank letter stating that the holder may purchase surplus property and also stating a maximum amount, at the time of acceptance of bid and award of contract, and said the removal shall be not later than seven days after the awarding of the contract.

"(d) 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, however, that such officers or employees shall not be excluded from bidding on or purchasing state property at public sale.

"(e) Any sale made in violation of the terms of this section shall be null and void, and the person or persons responsible for the violation shall be subject to liquidated damages of not less than $1,000.00 nor more than $10,000.00, which may be recovered for the State of Alabama by the Attorney General by civil action in the Circuit Court of Montgomery County. Any moneys recovered by the Attorney General under this section shall be deposited into the State General Fund.

"(f) All proceeds from sales made under the provisions of this article, whether at public auction or by negotiation, shall be paid into the Public Safety Motor Vehicle Replacement Fund Public Safety Fund in the State Treasury for use by the Alabama Law Enforcement Agency."

Section 2. (a) Any and all authority, power, duties, or other responsibilities contained in any law or rule relating to any legacy agency as provided in Chapter 27, Title 41 of the Code of Alabama 1975, shall be applicable to, and under the authority and power of, the Alabama Law Enforcement Agency and the Secretary of Law Enforcement. Any reference in any law or rule to a legacy agency or a subdivision of a legacy agency is hereby deemed a reference to the Alabama Law Enforcement Agency.

(b) The Alabama Law Enforcement Agency shall have the authority to apply for any grants and to accept any lawful gifts or donations.

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Law Enforcement Agencies

Law Enforcement

Motor Vehicles

Public Safety

Code Amended