April 5, 2011
ENGROSSED
SENATE BILL No. 107
_____
DIGEST OF SB 107
(Updated March 31, 2011 1:49 pm - DI 87)
Citations Affected: IC 4-20.5; IC 14-21.
Synopsis: Disposal of state owned real estate. Provides that the
department of administration (department) may sell real property
owned by the state by use of a request for proposals. Requires certain
documentation to be kept if the department negotiates a sale of state
owned real property with a potential buyer. Provides that the
department may dispose of state owned real property involved in a
dispute by exchanging the state owned real property for property of like
value, regardless of the value of the state owned real property to be
transferred. (Under current law, such an exchange may not be made if
the value of the state owned real property exceeds $10,000.) Provides
that state owned real property may also be exchanged for other real
property to improve the state's ability to manage state property or to
improve access to state property. Requires the division of historic
preservation and archeology of the department of natural resources to
notify the department of the results of its review of the state owned real
property proposed for disposition not later than 30 days after receiving
notice from the department of the intent to dispose of the state owned
real property.
Effective: July 1, 2011.
Charbonneau,
Lanane
(HOUSE SPONSORS _ DERMODY, CHEATHAM)
January 5, 2011, read first time and referred to Committee on Public Policy.
January 27, 2011, amended, reported favorably _ Do Pass.
January 31, 2011, read second time, amended, ordered engrossed.
February 3, 2011, engrossed. Read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
March 28, 2011, read first time and referred to Committee on Government and Regulatory
Reform.
April 4, 2011, reported _ Do Pass.
April 5, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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this style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 107
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-20.5-7-10.7; (11)ES0107.1.1. -->
SECTION 1. IC 4-20.5-7-10.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10.7. (a) This section
does not apply if the value of the state property is more than ten
thousand dollars ($10,000).
(b) (a) The department may transfer state property to a person in
exchange for property of like value transferred by the person to the
state:
(1) to:
(A) settle a dispute relating to either or both of the properties;
or
(B) improve:
(i) the state's ability to manage state property; or
(ii) access to state property; and
(2) without offering to transfer the state property:
(A) to state agencies, state educational institutions, or a
political subdivision under this chapter; or
(B) after a sale of the property under this chapter.
(c) (b) The department must establish that properties exchanged
under this section are of like value through appraisals or other means
approved by the commissioner.
SOURCE: IC 4-20.5-7-11; (11)ES0107.1.2. -->
SECTION 2. IC 4-20.5-7-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. (a) The department
may sell the property through either any of the following:
(1) Competitive bids.
(2) By auction.
(3) By request for proposals.
(b) The department may enter into negotiations under this
section with the respondent who has made the highest offer only if
the negotiations are documented. The negotiation documentation
must include the following:
(1) A log of the date and time of each meeting with a
respondent. The log must include the identity of the
respondent.
(2) A description of the nature of all communications with
each respondent.
(3) Subject to subsection (d), a copy of all written
communications, including electronic communications, with
each respondent.
(c) Except as provided in subsection (d), the contents of the
contract file concerning a sale under this section are subject to
public inspection.
(d) Proprietary information included with a response, including
trade secrets, manufacturing processes, and financial information
that was not required to be made available for public inspection by
the terms of the invitation for bids, live auction, or request for
proposals, is not subject to public inspection.
(e) The negotiation documentation is subject to public inspection
under this section only after the transfer of the property.
SOURCE: IC 14-21-1-14; (11)ES0107.1.3. -->
SECTION 3. IC 14-21-1-14, AS AMENDED BY P.L.2-2007,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 14. (a) This section does not apply
to real property that is owned by a state educational institution.
(b) The Indiana department of administration shall notify the
division of a proposed transfer of real property owned by the state at
the earliest planning stage and
no not later than ninety (90) days before
the date of the proposed transfer.
(c) The division shall:
(1) inspect the property; and
(2) notify the Indiana department of administration of the location
of each historic site or historic structure on the property;
not later than thirty (30) days after receiving notice under
subsection (b). If the division does not notify the Indiana
department of administration under subdivision (2) within thirty
(30) days after receiving notice under subsection (b), the Indiana
department of administration may proceed with the proposed
transfer.
(d) Real property owned by the state may not be sold or transferred
until the division has stated in writing that the property does not, to the
best of the division's knowledge, contain a historic site or historic
structure.
(e) (d) If the Indiana department of administration receives notice
under subsection (c)(2) of a historic site or historic structure on the
property, the Indiana department of administration shall reserve control
of the appropriate historic property by means of a covenant or an
easement contained in the transferring instrument.
(f) (e) The division of state museums and historic sites department
shall administer property of which control is reserved under
subsection (e). (d).