HB 1401-1_ Filed 04/27/2001, 21:06
Adopted 4/29/2001
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1401
Citations Affected: IC 4-13-16.5; IC 4-13.5-1-8; IC 4-30-1-2; IC 4-33-14.
Synopsis: Evansville Hospital property. Provides that an ordinance of a unit that regulates the
parking of motor vehicles is not applicable in certain places in Vanderburgh County. Requires
the state to convey certain property located in Vanderburgh County. Requires the state to grant
an easement in one of the parcels to the parks department of the city of Evansville for use as a
recreational greenway. (This conference committee report adds language that: (1) establishes the
governor's commission on minority and women's business enterprises; (2) sets forth the
membership of the commission; and (3) requires the department of administration to adopt
administrative rules to ensure that certain goals established by the commission are met. This
conference committee report expands the membership and duties of the Evansville State Hospital
advisory committee. This conference committee report removes the legal descriptions in EHB
1401, SECTION 2, subsections (e) and (f), as reprinted March 21, 2001, and adds a new legal
description. This conference committee report provides that only certain property may be: (1)
used for any type of housing; or (2) transferred to the Buffalo Trace Council of the Boy Scouts
of America.)
Effective: July 1, 2001.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1401 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-13-16.5-1; (01)CC140106.1. -->
"SECTION 1. IC 4-13-16.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
chapter:
"Commission" refers to the governor's commission on minority
and
women's business
development enterprises established under section
2 of this chapter.
"Commissioner" refers to the deputy commissioner for minority
and
women's business
development enterprises of the department.
of
administration.
"Contract" means any contract awarded by a state agency for
construction projects or the procurement of goods or services,
including professional services.
"Department" refers to the Indiana department of
administration established by IC 4-13-1-2.
"Minority business enterprise" or "minority business" means an
individual, partnership, corporation, limited liability company, or joint
venture of any kind that is owned and controlled by one (1) or more
persons who are:
(1) United States citizens; and
(2) members of a racial minority group.
"Owned and controlled" means having:
(1) ownership of at least fifty-one percent (51%) of the enterprise,
including corporate stock of a corporation;
(2) control over the management and active in the day-to-day
operations of the business; and
(3) an interest in the capital, assets, and profits and losses of the
business proportionate to the percentage of ownership.
"Racial "Minority group" means:
(1) Blacks;
(2) American Indians;
(3) Hispanics;
(4) Asian Americans; and
(5) other similar racial minority groups, as defined by 13 CFR
124.103.
"State agency" refers to any of the following:
(1) An authority, board, branch, commission, committee,
department, division, or other instrumentality of the executive,
including the administrative, department of state government.
(2) An entity established by the general assembly as a body
corporate and politic.
(3) A state educational institution.
The term does not include the state lottery commission or the
Indiana gaming commission with respect to setting and enforcing
goals for awarding contracts to minority and women's business
enterprises.
SOURCE: IC 4-13-16.5-1.1; (01)CC140106.2. -->
SECTION 2. IC 4-13-16.5-1.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 1.1. A reference to a federal
statute or regulation in this chapter is a reference to the statute or
regulation as in effect January 1, 2001.
SOURCE: IC 4-13-16.5-1.3; (01)CC140106.3. -->
SECTION 3. IC 4-13-16.5-1.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Sec. 1.3. As used in this chapter,
"women's business enterprise" means a business that is one (1) of
the following:
(1) A sole proprietorship owned and controlled by a woman.
(2) A partnership or joint venture owned and controlled by
women in which:
(A) at least fifty-one percent (51%) of the ownership is held
by women; and
(B) the management and daily business operations of which
are controlled by at least one (1) of the women who owns the
business.
(3) A corporation or other entity:
(A) whose management and daily business operations are
controlled by at least one (1) of the women who owns the
business; and
(B) that is at least fifty-one percent (51%) owned by women,
or if stock is issued, at least fifty-one percent (51%) of the
stock is owned by at least one (1) of the women.
SOURCE: IC 4-13-16.5-2; (01)CC140106.4. -->
SECTION 4. IC 4-13-16.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) There is
established a
fourteen (14) member governor's commission on minority
and women's business
development. enterprises. The commission
shall consist of the following members:
(1) A governor's designee, who shall serve as chairman of the
commission.
(2) The commissioner of the Indiana department of transportation.
(3) The director of the department of commerce.
(4) The commissioner of the
Indiana department.
of administration.
(5) Six (6) individuals with demonstrated capabilities in business
and industry, especially
racial minority
and women's business
enterprises, appointed by the governor from the following
geographical areas of the state:
(A) Two (2) from the northern one-third (1/3) of the state.
(B) Two (2) from the central one-third (1/3) of the state.
(C) Two (2) from the southern one-third (1/3) of the state.
(6) Two (2) members of the house of representatives, no more than
one (1) from the same political party, appointed by the speaker of
the house of representatives to serve in a nonvoting advisory
capacity.
(7) Two (2) members of the senate, no more than one (1) from the
same political party, appointed by the president pro tempore of the
senate to serve in a nonvoting advisory capacity.
No Not more than four (4) of the seven (7) members appointed or
designated by the governor may be of the same political party.
Appointed members of the commission shall serve four (4) year terms.
A vacancy occurs if a legislative member leaves office for any reason.
Any vacancy on the commission shall be filled in the same manner as
the original appointment.
(b) Each member of the commission who is not a state employee is
entitled to the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties as
provided under IC 4-13-1-4 and in the state travel policies and
procedures established by the Indiana department of administration
and approved by the budget agency.
(c) Each legislative member of the commission is entitled to receive
the same per diem, mileage, and travel allowances established by the
legislative council and paid to members of the general assembly
serving on interim study committees. The allowances specified in this
subsection shall be paid by the legislative services agency from the
amounts appropriated for that purpose.
(d) A member of the commission who is a state employee but who is
not a member of the general assembly is not entitled to any of the
following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4.
(3) Other expenses actually incurred in connection with the
member's duties.
(e) The commission shall meet at least four (4) times each year and
at other times as the chairman deems necessary.
(f) The duties of the commission shall include but not be limited to
the following:
(1) Identify minority businesses and women's business
enterprises in the state.
(2) Assess the needs of minority businesses and women's business
enterprises.
(3) Initiate aggressive programs to assist minority businesses and
women's business enterprises in obtaining state contracts.
(4) Give special publicity to procurement, bidding, and qualifying
procedures.
(5) Include minority businesses and women's business
enterprises on solicitation mailing lists.
(6) Define the duties, goals, and objectives of the deputy
commissioner of the department of administration as created under
this chapter to assure compliance by all state agencies with state
and federal legislation and policy concerning the awarding of
contracts to minority businesses and women's business
enterprises.
(7) Establish as a goal that at least five percent (5%) of state
contracts be let to racial minority businesses. annual goals:
(A) for the use of minority and women's business enterprises;
and
(B) derived from a statistical analysis of utilization study of
state contracts that are required to be updated every five (5)
years.
(8) Prepare a review of the commission and the various affected
departments of government to be submitted to the governor and the
legislative council on March 1 and October 1 of each year,
evaluating progress made in the areas defined in this subsection.
(g) The department shall develop size standards based on 13 CFR
121.
(h) The department shall adopt rules of ethics under IC 4-22-2
for commission members other than commission members
appointed under subsection (a)(6) or (a)(7).
(i) The department of administration shall furnish administrative
support and staff as is necessary for the effective operation of the
commission.
SOURCE: IC 4-13-16.5-3; (01)CC140106.5. -->
SECTION 5. IC 4-13-16.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) There is created
in the
Indiana department
of administration a deputy commissioner for
minority
and women's business
enterprise development. Upon
consultation with the commission, the commissioner of the
Indiana
department,
of administration with the approval of the governor, shall
appoint an individual who possesses demonstrated capability in
business or industry, especially in
racial minority
or women's business
enterprises, to serve as deputy commissioner to work with the
commission in the implementation of this chapter.
(b) The deputy commissioner shall do the following:
(1) Identify and certify minority and women's business enterprises
for state projects.
(2) Establish a central certification file.
(3) Periodically update the certification status of each minority or
women's business enterprise.
(4) Monitor the progress in achieving the goal goals established
under section 2(f)(7) of this chapter.
(5) Require state agencies to report on planned and actual
participation of minority and women's business enterprises in
contracts awarded by state agencies. The commissioner may
exclude from the reports uncertified minority and women's
business enterprises.
(6) Determine and define opportunities for minority and women's
business participation in contracts awarded by state agencies.
(7) Implement programs initiated by the commission under section
2 of this chapter.
(8) Perform other duties as defined by the commission or by the
commissioner of the Indiana department. of administration.
SOURCE: IC 4-13-16.5-4; (01)CC140106.6. -->
SECTION 6. IC 4-13-16.5-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 4. (a) Before January 1 of even-numbered years, the
department shall determine whether, during the most recently
completed two (2) year period ending the previous July 1, the goals
set under section 2(f)(7) of this chapter have been met.
(b) The department shall adopt rules under IC 4-22-2 to ensure
that the goals set under section 2(f)(7) of this chapter are met. The
rules adopted by the department must provide that if a business
qualifies as both a minority business enterprise and a women's
business enterprise, a contract awarded to the business is
considered awarded to a minority business enterprise.
SOURCE: IC 4-13.5-1-8; (01)CC140106.7. -->
SECTION 7. IC 4-13.5-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. (a) The commission
may employ architects, engineers, space planners, construction
managers, and other professional persons it considers necessary to
prepare complete plans and specifications necessary for bidding for
construction. The commission shall consider economy of operation to
the extent practicable in preparing and approving plans and
specifications.
(b) The plans and specifications shall be presented for approval to:
(1) the department;
(2) if the facility is designed to house the supreme court or court of
appeals, the administrator of the supreme court for approval by the
courts; and
(3) if the facility is a correctional facility, the department of
correction.
(c) After the plans and specifications have been approved by the
commission under subsection (b), the commission shall advertise for
and receive construction bids and award contracts to the best bidders
in the same manner as required by law for the department.
(d) With regard to participation by minority and women's
business enterprises (as defined in IC 4-13-16.5-1 and
IC 4-13-16.5-1.3), the commission shall act in the same manner as
required by law for the department.
SOURCE: IC 4-30-1-2; (01)CC140106.8. -->
SECTION 8. IC 4-30-1-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. In construing this article, it is the
intent of the general assembly that the following policies be carried out:
(1) That the lottery games be operated by the state lottery
commission, which is created by IC 4-30-3 as a separate body
politic and corporate from state government and should function
as much as possible as an entrepreneurial business enterprise.
(2) That the general assembly recognizes that the operation of a
lottery is a unique activity for state government and that policies
and procedures appropriate for the performance of other
governmental functions are not necessarily appropriate for the
operation of a lottery.
(3) That the lottery games be operated as a self-supporting revenue
raising operation.
(4) That the commission be accountable to the general assembly
and the people of Indiana through a system of audits and reports
and by complying with financial disclosure, open meetings, and
public record laws.
(5) That the commission ensure the equitable participation of racial
minorities and women in all phases of the lottery, including instant
game and on-line retailers and vendors. The commission shall
establish annual goals:
(A) for the use of minority and women's business enterprises
(as defined in IC 4-13-16.5-1 and IC 4-13-16.5-1.3) in
construction, professional services, other services, and
supplies; and
(B) derived from a statistical analysis of utilization study of
lottery contracts that are required to be updated every five
(5) years.
The commission shall, in cooperation with the Indiana
department of administration, adopt rules under IC 4-22-2 to
ensure that the goals set under this subdivision are met.
(6) That lottery game advertising and promotion shall be consistent
with the dignity and integrity of the state.
SOURCE: IC 4-33-14-2; (01)CC140106.9. -->
SECTION 9. IC 4-33-14-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. As used in this chapter,
"minority" means a person who is one (1) of the following:
(1) Black.
(2) Hispanic.
(3) Asian American.
(4) Native American or Alaskan native.
member of a minority group as defined in IC 4-13-16.5-1.
SOURCE: IC 4-33-14-3; (01)CC140106.10. -->
SECTION 10. IC 4-33-14-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. As used in this
chapter, "minority business enterprise" means a business that is one (1)
of the following:
(1) A sole proprietorship owned and controlled by a minority.
(2) A partnership or joint venture owned and controlled by
minorities:
(A) in which at least fifty-one percent (51%) of the ownership
interest is held by at least one (1) minority; and
(B) the management and daily business operations of which are
controlled by at least one (1) of the minorities who own the
business.
(3) A corporation or other entity:
(A) whose management and daily business operations are
controlled by at least one (1) of the minorities who own the
business; and
(B) that is at least fifty-one percent (51%) owned by at least one
(1) minority, or if stock is issued, at least fifty-one percent (51%)
of the stock is owned by at least one (1) minority.
has the meaning set forth in IC 4-13-16.5-1.
SOURCE: IC 4-33-14-4; (01)CC140106.11. -->
SECTION 11. IC 4-33-14-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. As used in this
chapter, "women's business enterprise" means a business that is one (1)
of the following:
(1) A sole proprietorship owned and controlled by a woman.
(2) A partnership or joint venture owned and controlled by women
in which:
(A) at least fifty-one percent (51%) of the ownership is held by
women; and
(B) the management and daily business operations of which are
controlled by at least one (1) of the women who own the
business.
(3) A corporation or other entity:
(A) whose management and daily business operations are
controlled by at least one (1) of the women who own the
business; and
(B) that is at least fifty-one percent (51%) owned by women, or
if stock is issued, at least fifty-one percent (51%) of the stock is
owned by at least one (1) of the women.
has the meaning set forth in IC 4-13-16.5-1.3.
SOURCE: IC 4-33-14-5; (01)CC140106.12. -->
SECTION 12. IC 4-33-14-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) As used in this
section, "goods and services" does not include the following:
(1) Utilities and taxes.
(2) Financing costs, mortgages, loans, or other debt.
(3) Medical insurance.
(4) Fees and payments to a parent or an affiliated company of the
person holding an owner's license, other than fees and payments
for goods and services supplied by nonaffiliated persons through
an affiliated company for the use or benefit of the person holding
the owner's license.
(5) Rents paid for real property or payments constituting the price
of an interest in real property as a result of a real estate transaction.
(b) Notwithstanding any law or rule to the contrary, the commission
shall establish annual goals for a person issued an owner's license:
shall establish goals of expending at least:
(1) ten percent (10%) of the dollar value of the licensee's contracts
for goods and services with minority business enterprises; and
(2) five percent (5%) of the dollar value of the licensee's contracts
for goods and services with women's business enterprises.
(1) for the use of minority and women's business enterprises;
and
(2) derived from a statistical analysis of utilization study of
licensee contracts for goods and services that are required to
be updated every five (5) years.
A person holding an owner's license shall submit annually to the
commission a report that includes the total dollar value of contracts
awarded for goods or services and the percentage awarded to minority
and women's business enterprises.
(c) A person holding an owner's license shall make a good faith effort
to meet the requirements of this section and shall annually demonstrate
to the commission that an effort was made to meet the requirements.
(d) A person holding an owner's license may fulfill not more than
seventy percent (70%) of an obligation under this chapter by requiring
a vendor to set aside a part of a contract for minority or women's
business enterprises. Upon request, the licensee shall provide the
commission with proof of the amount of the set aside.".
SOURCE: Page 1, line 6; (01)CC140106.1. -->
Page 1, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: ; (01)CC140106.2. -->
"SECTION 2. P.L.208-1999, SECTION 5, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2001]: (a) As used in this
SECTION, "committee" refers to the Evansville State Hospital advisory
committee established by this SECTION.
(b) As used in this SECTION, "hospital" refers to Evansville State
Hospital.
(c) The Evansville State Hospital advisory committee is established.
(d) The committee consists of the following members:
(1) Two (2) All members of the house of representatives appointed
by the speaker of the house of representatives. The members
appointed under this subdivision may not be members of the same
political party. The members under this subdivision must be
appointed so that the representative in whose district the hospital
is located must be a member of the committee and so that the other
member is a representative whose district includes districts
include portions of Vanderburgh County.
(2) Two (2) All members of the senate appointed by the president
pro tempore of the senate. The members appointed under this
subdivision may not be members of the same political party. The
members under this subdivision must be appointed so that the
senator in whose district the hospital is located must be a member
of the committee and so that the other member is a senator whose
district includes districts include portions of Vanderburgh County.
(3) The superintendent of the hospital. The superintendent of the
hospital may designate another individual to serve on the
committee in the absence of the superintendent.
(4) A member of the legislative body of the municipality in which
the hospital is located, who must be the member in whose district
the hospital is located.
(5) The head of the parks department of the municipality in which
the hospital is located. The head of the parks department may
designate another individual to serve on the committee in the
absence of the head of the parks department.
(6) An individual representing the Wesselman Woods Nature
Preserve board. The board shall notify the legislative services
agency and the staff of the committee of the name of the individual
representing the board.
(7) An individual appointed by the mayor of the municipality in
which the hospital is located. This individual must have a
demonstrated interest in and knowledge of historic preservation.
(8) The director of the department of natural resources. The
director may designate another individual to serve on the
committee in the absence of the director.
(9) The commissioner of the Indiana department of administration.
The commissioner may designate another individual to serve on
the committee in the absence of the commissioner.
(9) A member of the legislative body of Vanderburgh county,
who must be the member in whose district the hospital is
located.
(e) The chairman of the legislative council shall appoint the chair of
the committee. After the chair of the committee is appointed, the
vice-chairman of the legislative council shall appoint the vice chair of
the committee. The chair and the vice chair of the committee may not
be members of the same political party.
(f) The committee shall meet at the call of the chair.
(g) The affirmative vote of six (6) members of the committee is
necessary for the committee to take any action other than to hear
testimony or to adjourn.
(h) Each legislative member of the committee is entitled to receive
the same per diem, mileage, and travel allowances paid to individuals
serving as legislative members on interim study committees established
by the legislative council. Other members of the committee are entitled
to reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency. All expenses under this SECTION shall be paid from
appropriations made to the legislative services agency.
(i) The committee shall operate under policies and procedures
established by the legislative council. However, the division of mental
health established under IC 12-21 shall provide staff services to the
committee.
(j) The committee shall:
(1) study proposed uses of the hospital property, including
proposals for construction of new hospital buildings on the
property; and
(2) recommend to the Indiana department of administration
and the governor the phase I and phase II grantees to whom
the department and the governor may convey phase I or phase
II real estate under SECTION 3 of this act.
(k) This subsection does not apply to a transaction or the renewal of
a transaction if the transaction was entered into before January 1, 1999,
or to a transfer specifically authorized by statute. Before the state may:
(1) sell, lease, or transfer possession of any part of the real property
constituting the grounds of the hospital, or make any determination
concerning the siting of any new building or related parking
facility to be constructed on the grounds of the hospital; or
(2) enter into an agreement or contract for any transaction
described in subdivision (1);
the committee, with the assistance of the division of mental health
established under IC 12-21, shall develop a process to consider
possible uses or transactions involving property not being used by the
hospital for patient services. The process must include input from the
community. The committee shall make recommendations to the
governor upon completion of the process. The state may not proceed
with a proposed use or transaction until the governor responds to the
committee's recommendation.
(l) This SECTION expires January 1, 2004.".
SOURCE: Page 1, line 12; (01)CC140106.1. -->
Page 1, line 12, delete "the" and insert "
a".
Page 1, line 13, after "be" delete "the" and insert "
a".
Page 1, line 15, delete "the" and insert "
a".
Page 1, line 16, after "be" delete "the" and insert "
a".
Page 2, line 2, delete "the Northwest Quarter of".
Page 2, line 4, delete "described as follows:" and insert "
owned by
the state of Indiana, and designated by the commissioner under
subsection (u) for transfer to a phase I grantee.".
Page 2, delete lines 5 through 42.
Delete page 3.
Page 4, delete lines 1 through 39 .
Page 4, line 41, delete "the Northwest Quarter of".
Page 5, line 1, delete "described as follows:" and insert "
owned by
the state of Indiana, and designated by the commissioner under
subsection (u) for transfer to a phase II grantee.".
Page 5, delete lines 2 through 42.
Page 6, delete lines 1 through 15.
Page 6, line 18, after "convey" delete "the".
Page 6, line 18, after "to" delete "the" and insert "
a".
Page 6, between lines 25 and 26, begin a new line blocked left and
insert:
"
However, no phase I real estate may be used for public or private
housing. The main building of the Evansville State Hospital may be
used for public or private housing.".
Page 6, line 32, after "of" delete "the".
Page 6, line 35, after "convey" delete "the".
Page 6, line 35, after "estate to" delete "the" and insert "
a".
Page 7, between lines 8 and 9, begin a new line blocked left and
insert:
"
However, no phase II real estate other than the main building of
the Evansville State Hospital may be used for public or private
housing.".
Page 7, line 20, after "of" delete "the".
Page 7, line 23, after "convey" delete "the".
Page 7, line 23, after "estate to" delete "the" and insert "
a".
Page 8, line 8, after "(u)" insert "
The governor and the
commissioner of the department of administration are authorized
and directed on behalf of and in the name of the state to convey to
a phase I or phase II grantee property described in subsection (e)
or (f) except the following property:
Commencing at the northwest corner of the Northeast Quarter
of said Section 26; thence along the west line of said quarter
section South 01 degrees 07 minutes 41 seconds West 248.92
feet to a point on the southern right-of-way line of State Road
66 (Lloyd Expressway) as described in a Declaration of
Departmental transfer recorded in Deed Drawer 1, Card 20807
in the office of the Recorder of Vanderburgh County, Indiana
and being the northwest corner of the land described in a deed
to the Southwestern Indiana Mental Health Center, Inc.
recorded in Deed Drawer 4, Card 3658 in the office of said
Recorder and being the POINT OF BEGINNING of this
description; thence continuing along the west line of said
quarter section and the west line of the Southwestern Indiana
Mental Health Center parcel South 01 degree 07 minutes 41
seconds West 316.19 feet to the southwest corner of said
Mental Health Center parcel; thence along the south line of
said Mental Health Center parcel South 87 degrees 34 minutes
27 seconds East 599.96 feet; thence South 01 degree 07 minutes
36 seconds West 2072.09 feet to a point on the south line of the
Northeast Quarter of said Section 26; thence along said south
line North 88 degrees 46 minutes 29 seconds West 599.86 feet
to the southeast corner of the Northwest Quarter of said
Section 26; thence along the south line of said Northwest
Quarter North 88 degrees 48 minutes 56 seconds West 2022.00
feet to a center punched railroad spike; thence North 01 degree
11 minutes 04 seconds East 556.00 feet to a 3/4 inch rebar with
cap stamped BLA FIRM 0030, hereinafter referred to as 3/4
inch rebar; thence North 56 degrees 49 minutes 09 seconds
East 40.07 feet to a 3/4 inch rebar; thence Northeasterly 641.79
feet along an arc to the left and having a radius of 3500.00 feet
and subtended by a long chord having a bearing of North 51
degrees 33 minutes 58 seconds East and a length of 640.89 feet
to a 3/4 inch rebar; thence North 46 degrees 18 minutes 47
seconds East 306.50 feet to a 3/4 inch rebar; thence South 43
degrees 41 minutes 13 seconds East 94.00 feet to a 3/4 inch
rebar; thence North 46 degrees 18 minutes 47 seconds East
32.50 feet to a 3/4 inch rebar; thence Northeasterly 155.49 feet
along an arc to the right and having a radius of 785.00 feet and
subtended by a long chord having a bearing of North 51
degrees 59 minutes 14 seconds East and a length of 155.23 feet
to a 3/4 inch rebar and being the point of intersection with a
non-tangent line; thence South 76 degrees 15 minutes 26
seconds East 429.08 feet to a 3/4 inch rebar; thence North 13
degrees 44 minutes 34 seconds East 201.39 feet to a 3/4 inch
rebar; thence South 76 degrees 15 minutes 26 seconds East
71.33 feet to a 3/4 inch rebar; thence Easterly, Northeasterly,
and Northerly 109.96 feet along an arc to the left and having a
radius of 70.00 feet and subtended by a long chord having a
bearing of North 58 degrees 44 minutes 34 seconds East and a
length of 98.99 feet to a 3/4 inch rebar; thence North 13
degrees 44 minutes 34 seconds East 248.11 feet to a 3/4 inch
rebar; thence South 76 degrees 15 minutes 26 seconds East
125.50 feet to a 3/4 inch rebar; thence North 13 degrees 44
minutes 34 seconds East 131.01 feet to a center punched
railroad spike; thence South 76 degrees 15 minutes 26 seconds
East 32.23 feet to a 3/4 inch rebar; thence North 13 degrees 44
minutes 34 seconds East 71.72 feet to a 3/4 inch rebar; thence
North 33 degrees 22 minutes 06 seconds East 127.79 feet to a
3/4 inch rebar; thence North 56 degrees 37 minutes 54 seconds
West 30.50 feet to a 3/4 inch rebar; thence North 32 degrees 07
minutes 32 seconds East 232.29 feet to the southeast corner of
the land described in a deed to the American Red Cross,
Southwest Indiana Chapter recorded in Deed Drawer 13, Card
1819 in the office of said Recorder; thence along the east line
of said American Red Cross parcel North 03 degrees 14
minutes 46 seconds East 263.43 feet to the aforedescribed
southern right-of-way line of State Road 66 (Lloyd
Expressway); thence along said southern right-of-way line
North 72 degrees 07 minutes 25 seconds East 28.66 feet to the
point of beginning and containing 85.478 acres, more or less.
(v) Notwithstanding other provisions of this SECTION, the
governor and the commissioner are authorized and directed on
behalf of and in the name of the state of Indiana to convey to the
Buffalo Trace Council of the Boy Scouts of America for occupancy
by the Buffalo Trace Council to be used for educational and
cultural purposes, all right, title, and interest of this state in the
real estate that is part of the Northwest Quarter of Section 26,
Township 6 South, Range 10 West, in Vanderburgh County,
Indiana, more particularly described as follows:
Commencing at the northeast corner of said quarter section;
thence north 88 degrees 51 minutes 14 seconds west along the
north line of said quarter section 1281.04 feet; thence south 01
degrees 09 minutes 34 seconds west 179.67 feet to the point of
beginning, said point being on the south right-of-way of State
Road 66 (as recorded in Deed Record 1, Card 20809 in the
Office of the Recorder of Vanderburgh County, Indiana) at the
center of a 50 foot opening in the limited access right-of-way;
thence south 88 degrees 50 minutes 26 seconds east along the
south right-of-way of State Road 66 376.20 feet; thence south
01 degrees 09 minutes 34 seconds west 267.05 feet; thence
north 78 degrees 10 minutes 30 seconds west 382.81 feet;
thence north 01 degrees 09 minutes 34 seconds east 196.20 feet
to the point of beginning, containing 2.00 acres (87,137 square
feet). Subject to an easement 25 feet in width along the west
side for ingress and egress to the State Hospital complex.
The Buffalo Trace Council shall cooperate with phase I and phase
II grantees on issues related to the parking of motor vehicles on
phase I real estate, phase II real estate, or real estate described in
this subsection.
(w) The governor and the commissioner of the Indiana
department of administration are authorized and directed on
behalf of and in the name of the state to convey to the Buffalo
Trace Council of the Boy Scouts of America for ingress and egress
to and from the property described in subsection (u) an easement
in the real estate that is part of the Northwest Quarter of Section
26, Township 6 South, Range 10 West, in Vanderburgh County,
Indiana, more particularly described as follows:
Commencing at the northeast corner of said quarter section;
thence north 88 degrees 51 minutes 14 seconds west along the
north line of said quarter section 1281.04 feet; thence south 01
degrees 09 minutes 34 seconds west 179.67 feet to the point of
beginning, said point being on the south right-of-way of State
Road 66 (as recorded in Deed Record 1, Card 20809 in the
office of the Recorder of Vanderburgh County, Indiana) at the
center of a 50 foot opening in the limited access right-of-way;
thence continue south 01 degrees 09 minutes 34 seconds west
196.20 feet; thence north 78 degrees 10 minutes 30 seconds
west 25.44 feet; thence north 01 degrees 09 minutes 34 seconds
east 191.49 feet to a point on the south right-of-way line for
State Road 66 and the west end of an opening in the limited
access right-of-way previously described; thence south 88
degrees 50 minutes 26 seconds east along the south line of the
State Road 66 right-of-way 25.00 feet to the point of beginning.
(x) Upon the taking effect of this SECTION, the commissioner of
the Indiana department of administration shall have a deed
prepared to convey to the Buffalo Trace Council of the Boy Scouts
of America the real estate and easement described in subsections
(v) and (w). The governor shall sign the deed. The deed shall be
attested by the commissioner of the Indiana department of
administration, who shall have the seal of the state affixed to the
deed. The commissioner of the Indiana department of
administration shall deliver the completed deed to the Buffalo
Trace Council.
(y) The real estate described in subsections (v) and (w) revert to
the state if any of the following apply:
(1) The real estate is used for a purpose other than the
purposes described in subsections (v) and (w).
(2) The Buffalo Trace Council fails to use the real estate for a
purpose described in subsection (v) or (w) before July 1, 2003.
(3) The real estate is vacant or abandoned on or after July 1,
2003.
The provisions of this subsection shall be included in the deed.
(z)".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1401 as reprinted March 21, 2001.)
Conference Committee Report
on
Engrossed House
Bill 1401
Text Box
S
igned by:
____________________________ ____________________________
Representative Avery Senator Server
Chairperson
____________________________ ____________________________
Representative Becker Senator Lutz L
House Conferees Senate Conferees