CHAPTER 21. DISPOSITION OF STATE SURPLUS PERSONAL PROPERTY
IC 5-22-21
Chapter 21. Disposition of State Surplus Personal Property
IC 5-22-21-1
Applicability of chapter
Sec. 1. (a) This chapter applies only to personal property ownedby a governmental body that is a state agency.
(b) This chapter does not apply to the following:
(1) The sale of timber by the department of natural resourcesunder IC 14-23-4.
(2) The satisfaction of a lien or judgment by a state agencyunder court proceedings.
(3) The disposition of unclaimed property under IC 32-34-1.
(4) The sale or harvesting of vegetation (as defined inIC 8-23-24.5-3) under IC 8-23-24.5.
(5) The sale or harvesting of vegetation (as defined inIC 4-20.5-22-4) under IC 4-20.5-22.
As added by P.L.49-1997, SEC.1. Amended by P.L.2-2002, SEC.34;P.L.182-2009(ss), SEC.79.
IC 5-22-21-2
"Commissioner" defined
Sec. 2. As used in this chapter, "commissioner" refers to thecommissioner of the department.
As added by P.L.49-1997, SEC.1.
IC 5-22-21-3
"Department" defined
Sec. 3. As used in this chapter, "department" refers to the Indianadepartment of administration created by IC 4-13-1-2.
As added by P.L.49-1997, SEC.1.
IC 5-22-21-4
"Surplus property" defined
Sec. 4. As used in this chapter, "surplus property" means propertythat is not usable by a state agency as determined under this chapter.
As added by P.L.49-1997, SEC.1.
IC 5-22-21-5
Sales of property; requirements
Sec. 5. Subject to IC 8-23-7 and this chapter, all sales of propertybelonging to a state agency, other than property on which allowanceis made on another purchase with the written approval of thecommissioner, shall be:
(1) conducted by the commissioner;
(2) based on competitive bids; and
(3) made to the highest responsible bidder.
As added by P.L.49-1997, SEC.1.
IC 5-22-21-6
Commissioner to adopt procedures
Sec. 6. The commissioner shall adopt a procedure requiring thefollowing:
(1) Each state agency shall notify the department of surplusproperty.
(2) The department shall inspect the surplus property anddetermine if the property is usable by other state agencies.
(3) A state agency that requests the purchase of:
(A) new property; or
(B) material to be used for rehabilitation programs;
shall accept by transfer or purchase surplus property that isusable by a state agency instead of purchasing new property ormaterials.
(4) Property that is not usable by other state agencies may be:
(A) sold under section 7 or 7.5 of this chapter or IC 5-22-22;
(B) demolished, discarded, donated under section 7.6 of thischapter, or junked if the property has no market value; or
(C) disposed of if the property can be recycled inconjunction with a program administered by the departmentto promote recycling of property, the components ofproperty, or the materials of property.
As added by P.L.49-1997, SEC.1.
IC 5-22-21-7
Sales to political subdivisions
Sec. 7. Except as provided in section 7.5 of this chapter, surplusproperty available for sale may, under the policies prescribed by thebudget agency, be offered for sale to political subdivisions. Thepolicies of the budget agency must require that if the property is inthe possession of the Indiana department of transportation and is tobe offered to political subdivisions, the commissioner shall notifyeach supervisor of county highways appointed under IC 8-17-3-1 ofthe sale.
As added by P.L.49-1997, SEC.1. Amended by P.L.49-2002, SEC.1;P.L.246-2005, SEC.55.
IC 5-22-21-7.5
Surplus computer hardware; offer to educational entities
Sec. 7.5. (a) This section applies to surplus computer hardwarethat:
(1) is not usable by a state agency as determined under section6 of this chapter; and
(2) has market value.
(b) As used in this section, "educational entity" refers to thefollowing:
(1) A school corporation as defined in IC 36-1-2-17 ornonpublic schools as defined in IC 20-10.1-1-3 before July 1,2005, or IC 20-18-2-12.
(2) The corporation for educational technology described in
IC 20-10.1-25.1 before July 1, 2005, or IC 20-20-15.
(c) As used in this section, "market value" means the value of theproperty is more than the estimated costs of sale and transportationof the property.
(d) Surplus computer hardware available for sale may, under thepolicies prescribed by the budget agency, be offered to aneducational entity.
As added by P.L.49-1997, SEC.1. Amended by P.L.1-2005, SEC.84;P.L.246-2005, SEC.56; P.L.246-2005, SEC.57; P.L.1-2006,SEC.124.
IC 5-22-21-7.6
Donation of surplus computer hardware to educational entities
Sec. 7.6. (a) This section applies to surplus computer hardwarethat is:
(1) not usable by a state agency as determined under section 6of this chapter; and
(2) not sold to an educational entity or political subdivisionafter being offered for sale.
(b) The department may donate the surplus computer hardware toan educational entity or a school corporation (as defined byIC 36-1-2-17) or nonpublic schools (as defined in IC 20-18-2-12).
As added by P.L.49-1997, SEC.1. Amended by P.L.1-2005, SEC.85.
IC 5-22-21-8
Sale when property not purchased by political subdivision
Sec. 8. If a political subdivision does not purchase surplusproperty under section 7 of this chapter, the surplus property shall besold under IC 5-22-22.
As added by P.L.49-1997, SEC.1.
IC 5-22-21-9
Sales made for cash only
Sec. 9. A sale of property under this chapter or under IC 5-22-22must be made for cash.
As added by P.L.49-1997, SEC.1.
IC 5-22-21-10
Proceeds of sales
Sec. 10. (a) The proceeds of a sale under this chapter or underIC 5-22-22 shall be deposited in the state treasury and credited to thefund from which the property was purchased.
(b) The proceeds are subject to allotment by the budget agencywith the approval of the governor.
As added by P.L.49-1997, SEC.1.
IC 5-22-21-11
Persons prohibited from bidding
Sec. 11. The commissioner may prohibit any of the followingfrom bidding on property sold under this chapter or IC 5-22-22 when
a state employee has participated in the disposal process of the stateagency that has possession of the property:
(1) The state employee.
(2) The spouse of the state employee.
(3) An unemancipated child of the state employee.
(4) An agent of any of the individuals described in subdivisions(1) through (3).
As added by P.L.49-1997, SEC.1.