CHAPTER 22. DISPOSITION OF SURPLUS PERSONAL PROPERTY BY A GOVERNMENTAL BODY
IC 5-22-22
Chapter 22. Disposition of Surplus Personal Property by aGovernmental Body
IC 5-22-22-1
Applicability of chapter
Sec. 1. (a) This chapter applies only to personal property ownedby a governmental body.
(b) This chapter does not apply to dispositions of propertydescribed in any of the following:
(1) IC 5-22-21-1(b).
(2) IC 36-1-11-5.5.
(3) IC 36-1-11-5.7.
(c) This chapter does not apply to any of the following:
(1) The disposal of property under an urban homesteadingprogram under IC 36-7-17.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contractunder IC 36-1-10.
(4) The disposal of property by a redevelopment commissionestablished under IC 36-7.
(5) The leasing of property by a board of aviationcommissioners established under IC 8-22-2 or an airportauthority established under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) The sale or lease of property by a unit (as defined inIC 36-1-2-23) to an Indiana nonprofit corporation organized foreducational, literary, scientific, religious, or charitable purposesthat is exempt from federal income taxation under Section 501of the Internal Revenue Code or the sale or reletting of thatproperty by the nonprofit corporation.
(8) The disposal of surplus property by a hospital establishedand operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8,IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 forindustrial development.
(10) The sale, lease, or disposal of property by a local hospitalauthority under IC 5-1-4.
(11) The sale or other disposition of property by a county ormunicipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and waterconservation district under IC 14-32.
(13) The disposal of surplus property by the health and hospitalcorporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board underIC 36-12-3-5(c).
(15) The sale or disposal of property by the historicpreservation commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housingauthority under IC 36-7-18. (17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes underIC 36-10-7-8.
(19) The disposal of textbooks that will no longer be used byschool corporations under IC 20-26-12.
(20) The disposal of residential structures or improvements bya municipal corporation without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that is organized to expand thesupply or sustain the existing supply of good quality,affordable housing for residents of Indiana having low ormoderate incomes.
(21) The disposal of historic property without consideration toa nonprofit corporation whose charter or articles ofincorporation allows the corporation to take action for thepreservation of historic property. As used in this subdivision,"historic property" means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of HistoricPlaces, as determined by the division of historic preservationand archeology of the department of natural resources.
(22) The disposal of real property without consideration to:
(A) a governmental body; or
(B) a nonprofit corporation that exists for the primarypurpose of enhancing the environment;
when the property is to be used for compliance with a permit oran order issued by a federal or state regulatory agency tomitigate an adverse environmental impact.
(23) The disposal of property to a person under an agreementbetween the person and a governmental body under IC 5-23.
As added by P.L.49-1997, SEC.1. Amended by P.L.1-2005, SEC.86;P.L.184-2005, SEC.3; P.L.2-2006, SEC.33; P.L.188-2007, SEC.1.
IC 5-22-22-2
Applicability of laws regarding disposition of state surpluspersonal property
Sec. 2. If the property is owned by a state agency, IC 5-22-21, tothe extent applicable, also applies to the disposition of the property.
As added by P.L.49-1997, SEC.1.
IC 5-22-22-3
Sale by purchasing agent
Sec. 3. A purchasing agency may sell property that:
(1) has been left in the custody of an officer or employee of agovernmental body and has remained unclaimed for more thanone (1) year; or
(2) belongs to the governmental body but is no longer neededor is unfit for the purpose for which it was intended.
As added by P.L.49-1997, SEC.1.
IC 5-22-22-4
Use of auctioneer
Sec. 4. (a) If the property to be sold is:
(1) one (1) item, with an estimated value of one thousanddollars ($1,000) or more; or
(2) more than one (1) item, with an estimated total value of fivethousand dollars ($5,000) or more;
the purchasing agency may engage an auctioneer licensed underIC 25-6.1 to advertise the sale and conduct a public auction.
(b) The advertising by an auctioneer under this section mustinclude a detailed description of the property to be sold.
(c) The purchasing agency shall pay an auctioneer who conductsa sale under this section from the gross proceeds of the sale receivedbefore other expenses and liens are paid.
As added by P.L.49-1997, SEC.1.
IC 5-22-22-4.5
Internet sales; costs
Sec. 4.5. (a) The purchasing agency may sell surplus propertyusing an Internet auction site that satisfies both of the following:
(1) The site is approved by the office of technology establishedby IC 4-13.1-2-1.
(2) The site is linked to the electronic gateway administeredunder IC 4-13.1-2-2(a)(5) by the office of technology.
(b) The purchasing agency's posting of the sale on the Internetauction site must include a detailed description of the surplusproperty to be sold.
(c) The purchasing agency may pay the costs of conducting theauction on the Internet site as required by the person maintaining theauction site.
As added by P.L.31-2002, SEC.5. Amended by P.L.198-2007, SEC.3.
IC 5-22-22-5
Public sale or sealed bids; advertisements
Sec. 5. (a) If:
(1) an auctioneer is not engaged under section 4 of this chapter;or
(2) the surplus property is not sold through an Internet auctionsite under section 4.5 of this chapter;
the purchasing agency shall sell the property at a public sale or bysealed bids delivered to the office of the purchasing agency beforethe date of sale.
(b) Advertisement of the sale shall be made in accordance withIC 5-3-1.
(c) All sales shall be made to the highest responsible bidder.
As added by P.L.49-1997, SEC.1. Amended by P.L.31-2002, SEC.6.
IC 5-22-22-6
Public or private sale or transfer without advertising
Sec. 6. If the property to be sold is: (1) one (1) item, with an estimated value of less than onethousand dollars ($1,000); or
(2) more than one (1) item, with an estimated total value of lessthan five thousand dollars ($5,000);
the purchasing agency may sell the property at a public or privatesale or transfer the property, without advertising.
As added by P.L.49-1997, SEC.1.
IC 5-22-22-7
Sale or transfer of recyclable property
Sec. 7. If the property to be sold is material that:
(1) may be recycled; and
(2) has been collected in conjunction with a recycling program;
the purchasing agency may, without advertising, sell the property ata public or private sale or transfer the property.
As added by P.L.49-1997, SEC.1.
IC 5-22-22-8
Worthless property
Sec. 8. (a) If the property is worthless, it may be demolished orjunked.
(b) For purposes of this section and IC 5-22-21-6(4)(B), propertymay be considered worthless or of no market value if the value of theproperty is less than the estimated costs of the sale and transportationof the property.
As added by P.L.49-1997, SEC.1. Amended by P.L.7-1998, SEC.11.
IC 5-22-22-9
Disposal of law enforcement vehicles
Sec. 9. (a) If a purchasing agency disposes of a law enforcementvehicle that is a model year of 1994 or after and is painted in a colorscheme of more than one (1) color by transferring the vehicle to:
(1) a person who will operate the vehicle on a public highwayin Indiana, the person must repaint the vehicle in:
(A) a monochrome color scheme; or
(B) a color scheme that does not duplicate the color schemeof an Indiana law enforcement vehicle;
before the vehicle is operated on a public highway in Indiana;
(2) a person who will sell or otherwise transfer the vehicle toanother person who will operate the vehicle on a publichighway in Indiana, the person must repaint the vehicle in:
(A) a monochrome color scheme; or
(B) a color scheme that does not duplicate the color schemeof an Indiana law enforcement vehicle;
before the vehicle is sold or otherwise transferred to the otherperson to be operated on a public highway in Indiana;
(3) a person who will sell or otherwise transfer the vehicle toanother person who will not operate the vehicle on a publichighway in Indiana, the person is not required to repaint thevehicle before the vehicle is sold or otherwise transferred to the
other person; or
(4) another governmental body, the governmental body is notrequired to repaint the vehicle before the vehicle is operated ona public highway in Indiana.
(b) Before a purchasing agency disposes of a law enforcementvehicle that is painted in a color scheme of more than one (1) color,the purchasing agency must provide a copy of this subsection to theprospective purchaser of the vehicle.
(c) A person who violates this section commits a Class Cinfraction.
As added by P.L.49-1997, SEC.1.
IC 5-22-22-10
Exchange of property between purchasing agency andgovernmental body
Sec. 10. (a) A purchasing agency may exchange property withanother governmental body upon terms and conditions agreed uponby the governmental bodies as evidenced by adoption of asubstantially identical resolution by each entity.
(b) A transfer under this section may be made for any amount ofproperty or cash as agreed upon by the governmental bodies.
As added by P.L.49-1997, SEC.1.
IC 5-22-22-11
Notice of sale
Sec. 11. (a) Notice of a sale under this chapter must be given bypublication of the time, place, and terms of the sale, as provided inIC 5-3-1 in the county where the property is located. The publicationshall be made at least fifteen (15) days before the date of the sale.
(b) Notice under this section is required in addition to notice:
(1) given by an auctioneer under section 4 of this chapter; or
(2) provided by an Internet auction site under section 4.5 of thischapter.
As added by P.L.49-1997, SEC.1. Amended by P.L.31-2002, SEC.7.
IC 5-22-22-12
Transfer to volunteer fire department, fire protection district, orfire protection territory
Sec. 12. (a) This section applies to the following surplus property:
(1) Fire trucks.
(2) Emergency service vehicles.
(3) Firefighting or emergency services equipment.
(b) As used in this section, "fire department" refers to any of thefollowing:
(1) A volunteer fire department (as defined in IC 36-8-12-2).
(2) The board of fire trustees of a fire protection districtestablished under IC 36-8-11.
(3) The provider unit of a fire protection territory establishedunder IC 36-8-19.
(c) Notwithstanding section 4, 4.5, or 5 of this chapter, a
governmental body may transfer title of surplus property to a firedepartment for the fire department's use in providing fire protectionor emergency services.
(d) A fire department located in the same county as thegovernmental body offering the surplus property for transfer has theright of first refusal for all surplus property offered. Surplus propertythat is refused by the fire departments located in the same county asthe governmental body may be transferred to any fire department inIndiana.
(e) A governmental body may transfer title of surplus property toa fire department under this section by:
(1) sale;
(2) gift; or
(3) another arrangement acceptable to the governmental bodyand the fire department.
As added by P.L.83-1998, SEC.1. Amended by P.L.1-1999, SEC.8;P.L.31-2002, SEC.8; P.L.128-2008, SEC.5.