January 25, 2008
SENATE BILL No. 268
DIGEST OF SB 268
(Updated January 23, 2008 4:03 pm - DI 110)
Citations Affected: IC 4-20.5; IC 14-21.
Synopsis: Disposal of state owned real estate. Provides that the
Indiana 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 disposition of
state owned real property not later than 30 days after receiving notice
from the department of the intent to dispose of the state owned real
Effective: July 1, 2008.
Charbonneau, Rogers, Becker
January 10, 2008, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
January 24, 2008, reported favorably _ Do Pass.
January 25, 2008
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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between statutes enacted by the 2007 Regular Session of the General Assembly.
SENATE BILL No. 268
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; (08)SB0268.1.1. -->
SECTION 1. IC 4-20.5-7-10.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: 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
(A) settle a dispute relating to either or both of the properties;
(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; (08)SB0268.1.2. -->
SECTION 2. IC 4-20.5-7-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: 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 with the
respondent who has the highest offer only if the negotiations are
documented. Negotiation documentation must include the
(1) A log of the date and time of each meeting with a
respondent. The log must include the identity of the
(2) A description of the nature of all communications with a
(3) Subject to subsection (d), a copy of all written
communications, including electronic communications, with
(c) Except as provided in subsection (d), the contents of the
contract file 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 requests for
proposals, is not subject to public inspection.
(e) The negotiation documentation is subject to public inspection
only after the transfer of the property.
SOURCE: IC 14-21-1-14; (08)SB0268.1.3. -->
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, 2008]: 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
later than ninety (90) days before
the date of the proposed transfer.
(c) The division shall:
inspect the property; and
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 within thirty (30) days of receiving
notice, 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
If the Indiana department of administration receives notice
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.
The division of state museums and historic sites shall
administer property reserved under subsection