North Carolina SB 231: State Surplus Property/Third-Party Auctions.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 231

Short Title: State Surplus Property/Third-Party Auctions. (Public)
Sponsors: Senators McInnis, Sawyer, and Settle (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 6, 2025
*S231-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW FOR STATE AGENCIES TO UTILIZE THIRD-PARTY AUCTION 2
SITES FOR THE SALE OR DISPOSITION OF STATE-OWNED PROPERTY. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Part 1 of Article 3A of Chapter 143 of the General Statutes reads as 5
rewritten: 6
"Article 3A. 7
"Surplus Property. 8
"Part 1. State Surplus Property Agency. 9
"§ 143-64.01. Department of Administration designated State Surplus Property Agency. 10
The State Surplus Property Agency division within the Department of Administration is 11
designated as the State agency for State surplus property, and with respect to the acquisition of 12
State surplus property the agency shall be subject to the supervision and direction of the Secretary 13
of Administration. 14
"§ 143-64.02. Definitions. 15
The following definitions apply in Part 1 of this Article: 16
(1) Agency. – An existing A unit of the executive branch, including any 17
department, institution, commission, committee, board, division, or bureau of 18
the State. The term includes the Council of State, The University of North 19
Carolina, and the State Board of Community Colleges. 20
... 21
(4) State owned. State-owned property. – Supplies, materials, and equipment 22
equipment, inventory, farm products, goods, and consumer goods, as those 23
terms are defined in Chapter 25 of the General Statutes, in the possession of 24
the State of North Carolina and purchased with State funds, personal property 25
donated to the State, or personal property purchased with other funds that give 26
ownership to the State.State, or personal property rightfully seized or acquired 27
by the State. The term does not include real property. 28
(5) Surplus property. – Personal State-owned property that is obsolete, unused, or 29
no longer needed by a State agency. 30
"§ 143-64.03. Powers and duties of the State agency for surplus property. 31
(a) The State Surplus Property Agency is authorized and directed to:to do the following: 32
(1) Sell Coordinate the sale of all State owned supplies, materials, and equipment 33
that are surplus, obsolete, or unused surplus property and sell all seized 34
vehicles and other conveyances that the State Surplus Property Agency is 35
authorized to sell;sell. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 231-First Edition
(2) Warehouse such property; andproperty. 1
(3) Distribute such property to tax-supported or nonprofit tax-exempt 2
organizations. 3
(b) The State Surplus Property Agency is authorized and empowered to act as a 4
clearinghouse of information for agencies and private nonprofit tax-exempt organizations, to 5
locate property available for acquisition from State agencies, to ascertain the terms and conditions 6
under which the property may be obtained, to receive requests from agencies and private 7
nonprofit tax-exempt organizations, and transmit all available information about the property, 8
and to aid and assist the agencies and private nonprofit tax-exempt organizations in transactions 9
for the acquisition of State surplus property. Prioritization should be given to distributing 10
computer equipment to nonprofit entities that refurbish computers and donate them to 11
low-income students or households in this State, the State Surplus Property Agency shall 12
distribute the computer equipment at no cost or the lowest possible cost to the nonprofit entities 13
and must give consideration to the counties where the computer equipment will be donated to 14
ensure that all geographic regions of the State benefit from the distributions. 15
(b1) Nothing in this Article, or any administrative rules promulgated under this Article, 16
shall be deemed to prohibit The University of North Carolina from doing the following: 17
(1) Conveying surplus computer equipment at no cost. The University of North 18
Carolina is encouraged to prioritize distribution to nonprofit entities that 19
refurbish computers to donate to low-income students or households in the 20
State. Any conveyance to a nonprofit under this subdivision shall be 21
conditioned upon, and in consideration of, the nonprofit's promise to refurbish 22
the computer equipment and its donation to low-income students or 23
households in the State and the nonprofit's reporting of information required 24
by subsection (b2) of this section. After an initial conveyance, The University 25
of North Carolina shall not convey additional surplus computer equipment to 26
a nonprofit, unless that nonprofit has reported the information required by 27
subsection (b2) of this section for prior conveyances. 28
(2) Entering into agreements with one or more vendors to trade in any 29
technological