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Senate Engrossed
state land auctions; electronic means |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1079 |
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An Act
amending sections 37-236, 37-237 and 37-238, Arizona Revised Statutes; relating to the sale of state lands.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-236, Arizona Revised Statutes, is amended to read:
37-236. Order by department of sale of lands; sale at auction; electronic means; cancellation of sale; appeal; exception
A. Upon On completion of the appraisal, if the department determines that the interests of the this state will not be prejudiced by sale of the land, or when application for purchase was made by the lessee of agricultural land entitled to compensation for improvements on the land appraised, within sixty days after the time for taking an appeal expires and no appeal is taken, or if an appeal is taken and the decision is against appellant, within sixty days after the decision is received, the department shall order the sale of the lands to the highest and best bidder therefor at public auction held at the county seat of the county wherein in which the land or the major portion thereof of the land is located, and the department shall give notice of the sale by advertisement.
B. Notwithstanding any other law, the department may accept bids offered through electronic means during a public auction. If the department accepts bids offered through electronic means, the department is not liable for either:
1. the failure of a person's electronic means that prevents the person from PARTICIPATING in the auction.
2. the failure of the electronic means the department operates that is caused by an act of god or of 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.
B. C. If the commissioner receives information which that indicates a change in the circumstances regarding the benefits to the trust but prior to before the acceptance of a final bid at the public auction, the commissioner may cancel the sale proceedings.
C. D. A person adversely affected by a decision to terminate a sale pursuant to subsection B C of this section may appeal such decision to the board of appeals pursuant to section 37-215, except a person may not file an appeal on the basis of an ELECTRONIC means failure for which the department is not liable as prescribed in SUBSECTION B of this section.
Sec. 2. Section 37-237, Arizona Revised Statutes, is amended to read:
37-237. Notice required for sale of lands or lands and improvements; publication; electronic means
Notice of sales of state lands shall be by advertisement, stating the time, place and terms of the sale and a full description of the land. The notice shall be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the state capital, and in a newspaper of like circulation regularly published nearest the location of the lands to be sold. If the notice is for the sale of lands and improvements, the advertisement shall also state the appraised value of the improvements, the name of the owner thereof and the terms upon on which compensation therefor shall be made. IF the department accepts bids through ELECTRONIC means, the Department shall include in the notice a link or other instructions to access the electronic means through which a person can offer bids during the public auction.
Sec. 3. Section 37-238, Arizona Revised Statutes, is amended to read:
37-238. Procedure for sale; report of sale; posting
A. A representative of the state land department shall attend at the time and place fixed for the sale and proceed by first announcing information relevant to the sale sufficient, in the representative's judgment, to begin the bidding process, then calling for bids and selling the lands for the highest and best bid.
b. The department shall adopt rules to prescribe the procedure, method and means for the sale of state lands pursuant to this chapter, INCLUDING rules for the following:
1. the sale of state lands through electronic means.
2. a requirement that any location where state lands are auctioned online includes internet aCCESS.
3. a method for persons to prove the person has SUFFICIENT monies to bid for a parcel before a public auction.
4. reasonable QUALIFICATIONs and PROCEDURES to ensure a person is legally ELIGIBLE to bid.
B. c. The department shall prepare a written report of the sale and post the report on the department's website.
C. d. The sale may be adjourned from day to day, or the department may dissolve the sale and readvertise the lands.
Sec. 4. Applicability
The state land department may conduct online auctions for the sale or lease of state lands or natural product only after rules are adopted pursuant to this act.