Bill Summary for S 672 (2023-2024)
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO ALLOW FOR STATE AGENCIES TO UTILIZE THIRD-PARTY AUCTION SITES FOR THE SALE OR DISPOSITION OF STATE-OWNED PROPERTY.Intro. by McInnis, Sawyer, Settle.
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Bill summary
Amends GS 143-64.01 to specify that the State Surplus Property Agency (Agency) within the Department of Administration (Department) is the designee for State surplus property. (Currently just refers to the Department.) Amends the definitions in GS 143-64.02 (pertaining to state surplus property) as follows. Amends the definition of agency to specifically include a unit of the executive branch, Council of State, UNC, and State Board of Community Colleges. Changes the term "State-owned" to "State-owned property" and expands it to also include inventory, farm products, goods, and consumer goods in the State possession, as well as personal property seized or acquired by the State; specifically excludes real property. Amends the definition of surplus property to now mean State-owned property that is obsolete, unused, or no longer needed by a State agency. Authorizes the General Assembly and the Judicial Department to sell or otherwise dispose of State-owned or surplus property within their possession and control.
Enacts new GS 143-64.03A authorizing third-party auctions, auction procedures, and reporting, as follows.
Permits an agency to utilize a third-party auction service by submitting a petition to the Agency for approval. Sets forth approval process, including grounds to disapprove the application. Allows for appeal of Agency determination to the Secretary of Administration (Secretary) if agency revokes an authorization because a ground for disapproval has been found. Specifies that once a petition has been approved, the agency is authorized to use the third-party service unless the approval is revoked. Sets forth processes relating to valuation, registration of property by third-party auction service, the actual auction, and disposal of unsold items. Requires agency record keeping of certain information pertaining to items sold through third-party auction services and items that were disposed of for three years. Requires that each agency utilizing a third-party auction service submit an annual report to the specified NCGA committee by January 1 of each year to include the following: (1) a listing of the third-party auction services used to sell surplus items, (2) total funds received by sales through each auction service, (3) total funds distributed to each agency, and (4) total funds distributed to the Department. Requires the Agency to submit an annual report to the specified NCGA committee by January 1 of each year to include information on the number of petitions submitted, denied, and any appeals.
Makes technical and conforming changes to GS 143-64.03 (powers and duties of the Agency), GS 143-64.04 (powers of the Secretary to delegate authority), and GS 143-64.05 (service charges). Specifies that the Agency may not assess or charge any fee or service charge to an agency using a third-party auction service.