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 owned
by 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 resources
under IC 14-23-4.
(2) The satisfaction of a lien or judgment by a state agency
under court proceedings.
(3) The disposition of unclaimed property under IC 32-34-1.
(4) The sale or harvesting of vegetation (as defined in
IC 8-23-24.5-3) under IC 8-23-24.5.
(5) The sale or harvesting of vegetation (as defined in
IC 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 the
commissioner 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 Indiana
department 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 property
that 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 property
belonging to a state agency, other than property on which allowance
is made on another purchase with the written approval of the
commissioner, 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 the
following:
(1) Each state agency shall notify the department of surplus
property.
(2) The department shall inspect the surplus property and
determine 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 is
usable by a state agency instead of purchasing new property or
materials.
(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 this
chapter, or junked if the property has no market value; or
(C) disposed of if the property can be recycled in
conjunction with a program administered by the department
to promote recycling of property, the components of
property, 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, surplus
property available for sale may, under the policies prescribed by the
budget agency, be offered for sale to political subdivisions. The
policies of the budget agency must require that if the property is in
the possession of the Indiana department of transportation and is to
be offered to political subdivisions, the commissioner shall notify
each supervisor of county highways appointed under IC 8-17-3-1 of
the 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 hardware
that:
(1) is not usable by a state agency as determined under section
6 of this chapter; and
(2) has market value.
(b) As used in this section, "educational entity" refers to the
following:
(1) A school corporation as defined in IC 36-1-2-17 or
nonpublic 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 the
property is more than the estimated costs of sale and transportation
of the property.
(d) Surplus computer hardware available for sale may, under the
policies prescribed by the budget agency, be offered to an
educational 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 hardware
that is:
(1) not usable by a state agency as determined under section 6
of this chapter; and
(2) not sold to an educational entity or political subdivision
after being offered for sale.
(b) The department may donate the surplus computer hardware to
an educational entity or a school corporation (as defined by
IC 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 surplus
property under section 7 of this chapter, the surplus property shall be
sold 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 5-22-22
must 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 under
IC 5-22-22 shall be deposited in the state treasury and credited to the
fund from which the property was purchased.
(b) The proceeds are subject to allotment by the budget agency
with 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 following
from bidding on property sold under this chapter or IC 5-22-22 when
a state employee has participated in the disposal process of the state
agency 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.
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 owned
by 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 resources
under IC 14-23-4.
(2) The satisfaction of a lien or judgment by a state agency
under court proceedings.
(3) The disposition of unclaimed property under IC 32-34-1.
(4) The sale or harvesting of vegetation (as defined in
IC 8-23-24.5-3) under IC 8-23-24.5.
(5) The sale or harvesting of vegetation (as defined in
IC 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 the
commissioner 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 Indiana
department 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 property
that 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 property
belonging to a state agency, other than property on which allowance
is made on another purchase with the written approval of the
commissioner, 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 the
following:
(1) Each state agency shall notify the department of surplus
property.
(2) The department shall inspect the surplus property and
determine 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 is
usable by a state agency instead of purchasing new property or
materials.
(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 this
chapter, or junked if the property has no market value; or
(C) disposed of if the property can be recycled in
conjunction with a program administered by the department
to promote recycling of property, the components of
property, 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, surplus
property available for sale may, under the policies prescribed by the
budget agency, be offered for sale to political subdivisions. The
policies of the budget agency must require that if the property is in
the possession of the Indiana department of transportation and is to
be offered to political subdivisions, the commissioner shall notify
each supervisor of county highways appointed under IC 8-17-3-1 of
the 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 hardware
that:
(1) is not usable by a state agency as determined under section
6 of this chapter; and
(2) has market value.
(b) As used in this section, "educational entity" refers to the
following:
(1) A school corporation as defined in IC 36-1-2-17 or
nonpublic 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 the
property is more than the estimated costs of sale and transportation
of the property.
(d) Surplus computer hardware available for sale may, under the
policies prescribed by the budget agency, be offered to an
educational 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 hardware
that is:
(1) not usable by a state agency as determined under section 6
of this chapter; and
(2) not sold to an educational entity or political subdivision
after being offered for sale.
(b) The department may donate the surplus computer hardware to
an educational entity or a school corporation (as defined by
IC 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 surplus
property under section 7 of this chapter, the surplus property shall be
sold 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 5-22-22
must 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 under
IC 5-22-22 shall be deposited in the state treasury and credited to the
fund from which the property was purchased.
(b) The proceeds are subject to allotment by the budget agency
with 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 following
from bidding on property sold under this chapter or IC 5-22-22 when
a state employee has participated in the disposal process of the state
agency 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.
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 owned
by 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 resources
under IC 14-23-4.
(2) The satisfaction of a lien or judgment by a state agency
under court proceedings.
(3) The disposition of unclaimed property under IC 32-34-1.
(4) The sale or harvesting of vegetation (as defined in
IC 8-23-24.5-3) under IC 8-23-24.5.
(5) The sale or harvesting of vegetation (as defined in
IC 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 the
commissioner 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 Indiana
department 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 property
that 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 property
belonging to a state agency, other than property on which allowance
is made on another purchase with the written approval of the
commissioner, 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 the
following:
(1) Each state agency shall notify the department of surplus
property.
(2) The department shall inspect the surplus property and
determine 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 is
usable by a state agency instead of purchasing new property or
materials.
(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 this
chapter, or junked if the property has no market value; or
(C) disposed of if the property can be recycled in
conjunction with a program administered by the department
to promote recycling of property, the components of
property, 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, surplus
property available for sale may, under the policies prescribed by the
budget agency, be offered for sale to political subdivisions. The
policies of the budget agency must require that if the property is in
the possession of the Indiana department of transportation and is to
be offered to political subdivisions, the commissioner shall notify
each supervisor of county highways appointed under IC 8-17-3-1 of
the 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 hardware
that:
(1) is not usable by a state agency as determined under section
6 of this chapter; and
(2) has market value.
(b) As used in this section, "educational entity" refers to the
following:
(1) A school corporation as defined in IC 36-1-2-17 or
nonpublic 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 the
property is more than the estimated costs of sale and transportation
of the property.
(d) Surplus computer hardware available for sale may, under the
policies prescribed by the budget agency, be offered to an
educational 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 hardware
that is:
(1) not usable by a state agency as determined under section 6
of this chapter; and
(2) not sold to an educational entity or political subdivision
after being offered for sale.
(b) The department may donate the surplus computer hardware to
an educational entity or a school corporation (as defined by
IC 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 surplus
property under section 7 of this chapter, the surplus property shall be
sold 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 5-22-22
must 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 under
IC 5-22-22 shall be deposited in the state treasury and credited to the
fund from which the property was purchased.
(b) The proceeds are subject to allotment by the budget agency
with 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 following
from bidding on property sold under this chapter or IC 5-22-22 when
a state employee has participated in the disposal process of the state
agency 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.
