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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
Senate: NREW DPA 5-1-1-0 | 3rd Read 27-1-2-0
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SB 1079: state land auctions; electronic means
Sponsor: Senator Kerr, LD 25
Transmitted to the Governor
Overview
Allows the Arizona State Land Department (ASLD) to accept bids offered through electronic means during a public auction of state lands.
History
Current law outlines the process and conditions for the ASLD to sell state trust land. ASLD must give notice of the sale by advertisement, stating the time, place and terms of the sale and a full description of the land (A.R.S. § 37-236).
A public auction must be held at the county seat of the county in which the land is located and a representative of ASLD must attend at the time and place fixed for the sale. Prospective bidders attend the auction in person and are required to show the ASLD representative a cashier’s check made payable to the ASLD in the amount specified under the terms of sale agreement published for each auction. The representative proceeds by first announcing information relevant to the sale to begin the bidding process, then calling for bids and selling the lands for the highest and best bid (A.R.S. § 37-238).
Sales, leases or subleases of state lands must be made only to corporations or associations qualified to transact business in the state (A.R.S. § 37-240).
Provisions
1.
Allows ASLD to accept bids
offered through electronic means during a public auction. (Sec. 1)
2. States that if ASLD accepts bids offered through electronic means, ASLD is not liable for the failure of:
a) a person's electronic means that prevents the person from participating in the auction; or
b) the electronic means that is caused by an act of god or nature, a superior or overpowering force or an event or effect that cannot be reasonably anticipated or controlled during or directly preceding the public auction that prevents a person from participating in the public auction. (Sec. 1)
3. Prevents a person from filing an appeal based on an electronic means failure for which ASLD is not liable. (Sec. 1)
4. Requires ASLD, if it chooses to accept bids through electronic means, to include in a notice of sales of state lands a link or other instructions to access the electronic means through which a person can offer bids during the public auction. (Sec. 2)
5. Requires ASLD to adopt rules to prescribe the procedure, method and means for the sale of state lands, including rules for:
a) the sale of state lands through electronic means;
b) a requirement that any location where state lands are auctioned online includes internet access;
c) a method for persons to prove the person has sufficient monies to bid for a parcel before a public auction; and
d) ensuring a person is legally eligible to bid. (Sec. 3)
6. Requires ASLD to post a written report of a sale on the Department website. (Sec. 3)
7. Allows ASLD to conduct online auctions for the sale of state lands only after rules are adopted. (Sec. 4)
8. Makes technical and conforming changes. (Sec. 1-3)
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12. SB 1079
13. Initials EB/KK Page 0 Transmitted
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