SB 374-1_ Filed 02/23/2009, 09:44 Steele
that Senate Bill 374 be amended to read as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
SOURCE: Page 1, line 1; (09)MO037402.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-20.5-1-11; (09)MO037402.1. -->
"SECTION 1. IC 4-20.5-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. (a) Except as
provided in subsection (b), "property" means real property or an
interest in real property, including the following:
(1) Any ownership interest in real property.
(2) A leasehold.
(3) A right-of-way.
(4) An easement, including a utility easement.
The term does not include personal property or an interest in personal
(b) For purposes of IC 4-20.5-22, "property" means any
ownership interest in real property.
SOURCE: IC 4-20.5-22; (09)MO037402.2. -->
SECTION 2. IC 4-20.5-22 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter 22. Planting Grasses and Other Plants for Energy
Sec. 1. This chapter does not apply to a lease under IC 8-23-24.5.
Sec. 2. The intent of this chapter is to encourage the use of
property owned by the state to promote the growth and harvesting
of vegetation to be used as fuels and other energy products.
Sec. 3. As used in this chapter, "agency " has the meaning set
forth in IC 4-20.5-1-3. The term includes a state institution.
Sec. 4. As used in this chapter, "vegetation" refers to grasses or
other plants that are suitable for processing into fuels or other
energy products. The term does not include grasses or other plants
that may be used to feed livestock.
Sec. 5. To the extent permitted by federal law and when
consistent with public safety, an agency may enter into leases with
appropriate persons for the persons to plant, maintain, and harvest
vegetation on state property owned or maintained by the agency
for use in production of energy.
Sec. 6. A lease under this chapter must provide for the
(1) The lessee is responsible for planting, maintaining, and
harvesting the vegetation at the lessee's cost.
(2) The lessee becomes the owner of the vegetation when
(3) The harvested vegetation must be used for the production
of fuels or other energy products.
(4) The lease must include limitations on the height of any
vegetation that is grown.
Sec. 7. A lease under this chapter may provide for the following:
(1) Any term of the lease that the agency considers best to
implement the intent of this chapter, but not for more than
four (4) years.
(2) For the lease of parcels of sizes that the agency considers
the best to implement the intent of this chapter.
(3) Any other provisions that the agency considers useful to
implement the intent of this chapter.
Sec. 8. The agency shall award a lease under this chapter to the
responsive and responsible bidder who submits the highest bid for
the particular lease.
SOURCE: IC 5-22-21-1; (09)MO037402.3. -->
SECTION 3. IC 5-22-21-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) This chapter
applies only to personal property owned by a governmental body that
is a state agency. (4) The sale or harvesting of vegetation (as defined in
(b) This chapter does not apply to the following:
(1) The sale of timber by the department of natural resources
under IC 14-23-4.
(2) The satisfaction of a lien or judgment by a state agency under
(3) The disposition of unclaimed property under IC 32-34-1.
IC 8-23-24.5-3) under IC 8-23-24.5. (5) The sale or harvesting of vegetation (as defined in
IC 4-20.5-22-4) under IC 4-20.5-22.".
Renumber all SECTIONS consecutively.
(Reference is to SB 374 as printed February 17, 2009.)