§ 12-2-401. Short Title

This part shall be known and may be cited as the “State Surplus Personal Property Act of 1976.”

§ 12-2-402. Part Definitions

As used in this part, unless the context otherwise requires: “Commission” means the procurement commission; “Commissioner” means the commissioner of general services; “Personal property” or “property” means every species of state property which is not either: Real property, the disposal of which is subject to this title, governing the disposal of state real property; or […]

§ 12-2-403. Methods of Disposal

No article or personal property may be disposed of as surplus except by one (1) of the following methods: Public auction, publicly advertised and held; Sale under sealed bids, publicly advertised, opened and recorded; Sale by internet auction; Negotiated contract for sale, at arms length; but only in those instances in which the availability of […]

§ 12-2-404. Declaration of Property as Surplus

Each article of personal property to be disposed of as surplus property under this part shall be declared surplus by the commissioner or head of the releasing department or agency in accordance with this part and the regulations of the procurement commission. The commissioner shall approve or disapprove any such declarations pursuant to regulations of […]

§ 12-2-405. Determination of Method of Disposal

If the commissioner approves the declaration of property as surplus, the commissioner shall assign the property designated as surplus to one (1) of the four (4) methods of disposal set forth in this part, in accordance with regulations of the procurement commission. Such assignment and classification shall be duly recorded in writing with appropriate supporting […]

§ 12-2-406. Advertisement and Notice

Public auctions and sales under sealed bid, as provided in this part, shall be publicly advertised and publicly held. Notice of intended disposal by public auction or sale under sealed bid shall be entered by the commissioner in at least one (1) newspaper of general circulation in the county or counties in which the disposal […]

§ 12-2-407. Sale of Surplus Property to Governmental Entities and Not-for-Profit Corporations

The procurement commission shall promulgate regulations governing the transfer of surplus property to such governmental entities and corporations organized and conducted not-for-profit which have been approved as authorized donees under the federal surplus property program. Such regulations shall include, but not be limited to, prices to be set on items of surplus property, restrictions on […]

§ 12-2-408. Payment — Transfer of Possession

Acceptable payment for property purchased under any method prescribed by this part shall be prescribed by the procurement commission in its rules and regulations. Possession of property shall not pass until the occurrence of such conditions as the procurement commission may prescribe by rules or regulations; provided, that where payment is tendered by check or […]

§ 12-2-409. Disposal — Exempt Personal Property

Disposal of surplus personal property which is determined to not be salvageable or usable, in accordance with regulations of the procurement commission, and disposal of surplus property in the collection of the Tennessee state museum, are exempt from this part; provided, that such disposals are made in accordance with regulations of the procurement commission. Disposal […]

§ 12-2-410. Disposals — Procedures

All disposals of surplus state personal property shall be conducted by the department of general services, in accordance with this part and applicable regulations of the procurement commission. The procurement commission may, however, in its discretion, designate the department having jurisdiction over the producing facility as the agent for disposal in the case of surplus […]

§ 12-2-411. Disposition of Proceeds

The proceeds from the disposal of property under this part shall be remitted to the department releasing such property. The commissioner shall charge the releasing department a reasonable fee to cover the cost of disposition of the property, except where the releasing department is authorized pursuant to § 12-2-410 to serve as the agent for […]

§ 12-2-412. Violations — Penalties

It is hereby declared unlawful for any state official or employee to purchase from the state except by bid at public auction or by internet auction, using a personal computer on personal time, any surplus property during the tenure of such person’s office or employment, or for six (6) months thereafter. A purchaser who violates […]

§ 12-2-413. Disposals Pursuant to Statute Valid

Bids, negotiations, purchases, trade-ins, and other procedures for disposal of surplus personal property authorized by statute and regulation shall not be construed as in violation of any law prohibiting arrangements, contracts, agreements, trusts, or combinations which lessen full and free competition in the disposal of state surplus personal property or which tend to control the […]

§ 12-2-414. Rules and Regulations

The promulgation of rules and regulations pursuant to this part shall be in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 12-2-415. State Surplus Property Disposition Regulation

All arrangements, contracts, agreements, trusts, or combinations between persons or corporations made with a view to lessen, or which tend to lessen, full and free competition in the disposal of state surplus personal property, under this part, and all arrangements, contracts, agreements, trusts or combinations between persons or corporations designed to, or which tend to, […]

§ 12-2-416. Violation of § 12-2-415

A violation of § 12-2-415 is a Class E felony.

§ 12-2-417. State Employee Violation — Punishment

A state employee who violates § 12-2-415 shall be punished by removal from employment in the state service and shall be prohibited from such employment for a period of five (5) years, in addition to the penalties provided in § 12-2-416.

§ 12-2-419. Resale of Surplus Property — Disposition of Proceeds

Notwithstanding any provision of law, rule or regulation to the contrary, any profit realized from the resale of surplus property transferred to vocational programs operated under title 49, chapter 11, or state technical institutes operated by the state board of regents when such entity or corporation has repaired the item through its vocational program for […]

§ 12-2-420. Transfers of Surplus Personal Property Among Governmental Entities

Notwithstanding any other provisions of law, counties, municipalities and metropolitan governments may purchase, trade or receive as a gift, upon approval of the governing bodies involved in the transaction, any used or surplus personal property from another county, municipality, metropolitan government, state government, federal government or any instrumentality of the foregoing, without regard to any […]

§ 12-2-421. Purchases of Property at Public Auctions — Reporting

Notwithstanding the requirements of its charter, or any other law, any municipality or county may purchase at any publicly advertised auction new or secondhand articles or equipment or other materials, supplies, commodities and equipment without public advertisement and competitive bidding. The governing body shall establish written procedures governing purchases at publicly advertised auctions. If a […]