Resolve, Authorizing the Bureau of General Services To Sell Certain Property to Kennebec County
Maine Legislature, Session 127, LD 0114
Committee Amendment CA_B_S53 (Senate)

COMMITTEE AMENDMENT" 5" to S.P. 47, L.D. 114, "Resolve, Authorizing 
the Bureau of General Services To Sell Certain Property to Kennebec County" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Authorizing the Bureau of General Services To Offer Certain Property to 
Kennebec County for 6 Months' 
Amend the resolve by striking out all of sections 3 and 4 and inserting the following: 
'Sec. 3. 
Property to be offered to Kennebec County for 6 months. 
Resolved: 
That for 6 months following the effective date of this resolve the 
Commissioner of Administrative and Financial Services may negotiate with Kennebec 
County for the sale of the state property described in section 2 and may execute a 
purchase and sale agreement with Kennebec County upon terms the commissioner 
considers appropriate, except that the property must be sold "as is," with no 
representations or warranties and a requirement that Kennebec County use the property to 
house the Registry of Deeds and other county offices. The title must be transferred by 
quitclaim deed without covenant or release deed and executed by the commissioner. 
Kennebec County shall notify the commissioner in writing if the county determines prior 
to the end of the 6-month period that it does not want to purchase the property described 
in section 2. During this 6-month period, the commissioner may not negotiate or execute 
a purchase and sale agreement with any other party for the sale of the state property 
described in section 2 unless Kennebec County notifies the commissioner in writing that 
the county does not want to purchase the property; and be it further 
Sec. 4. Exemptions. Resolved: That any negotiation or agreement for the sale of 
the state property described in section 2 that is conducted or entered into under section 3 
is exempt from any statutory or regulatory requirement that the state property first be 
offered to the Maine State Housing Authority or another state or local agency or offered 
through competitive bidding. If Kennebec County does not execute a purchase and sale 
agreement with the commissioner for the sale of the state property within 6 months of the 
effective date of this resolve, or if the county notifies the commissioner in writing prior to 
the end of the 6-month period stating that the county does not want to purchase the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" " ,. to S.P. 47, L.D. 114 
property, as provided in section 3, then the exemption does not apply and the state 
property must be offered to the Maine State Housing Authority or another state or local 
agency or offered through competitive bidding before the property may be listed for sale 
or lease with private real estate brokers pursuant to section 5. 
The title must be 
transferred by quitclaim deed without covenant or release deed and executed by the 
commissioner; and be it further 
Sec. 5. Property may be listed for sale or lease with private real estate 
brokers. Resolved: That if Kennebec County does not execute a purchase and sale 
agreement with the Commissioner of Administrative and Financial Services for the sale 
of the state property described in section 2 within 6 months following the effective date 
of this resolve, or if the county notifies the commissioner in writing prior to the end of the 
6-month period that the county does not want to purchase the state property, as provided 
in section 3, and if the property has been offered to and refused by the Maine State 
Housing Authority or another state or local agency or unsuccessfully offered through 
competitive bidding, as provided in section 4, then the commissioner may list the 
property for sale or lease with private real estate brokers and may negotiate any sales or 
leases, solicit bids, sell directly to purchasers or enter directly into leases with tenants for 
the sale of the property. The title must be transferred by quitclaim deed without covenant 
or release deed and executed by the commissioner; and be it further 
Sec. 6. Appraisal. Resolved: That the Commissioner of Administrative and 
Financial Services shall have the current market value of the state property described in 
section 2 determined by an independent appraiser; and be it further 
Sec. 7. Proceeds. Resolved: That any proceeds from a sale pursuant to this 
resolve must be deposited in the Department of Administrative and Financial Services, 
Bureau of General Services' capital repair and improvement account for capital 
improvements as designated by the Commissioner of Administrative and Financial 
Services; and be it further' 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report of the committee and makes the following 
changes. 
1. 
It removes language that states that the Commissioner of Administrative and 
Financial Services must sell the property identified as the Augusta District Court to 
Kennebec County, and instead specifies that for 6 months following the effective date of 
the resolve the commissioner may negotiate and execute a purchase and sale agreement 
with Kennebec County for the sale of the property. 
2. It provides that if Kennebec County determines prior to the end of the 6-month 
period that it does not want to purchase the state property, the county must notify the 
commissioner in writing. 
3. It prohibits the commissioner during the 6-month period from negotiating or 
executing a purchase and sale agreement with any other party for the sale of the property 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" 5" to S.P. 47, L.D. 114 
unless Kennebec County notifies the commissioner in writing that the county does not 
want to purchase the property. 
4. It provides that any statutory and regulatory requirements that the property be 
offered to the Maine State Housing Authority or another state or local agency or offered 
through competitive bidding apply if the property is still available after it is offered to 
Kennebec County before it may be listed for sale or lease with private real estate brokers. 
5. It provides that if after the 6-month period a purchase and sale agreement has not 
been executed, and if the property has been offered to and refused by the Maine State 
Housing Authority or another state or local agency or unsuccessfully offered through 
competitive bidding, the commissioner may list the property for sale or lease with private 
real estate brokers and negotiate any sales or leases, solicit bids, sell directly to 
purchasers or enter directly into leases with tenants. 
6. It adds a section requiring an independent appraisal of the property. 
7. 
It adds a section specifying the disposition of proceeds from the sale of the 
property. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04115/15 
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LD 114 
LR 1019(03) 
Resolve, Authorizing the Bureau of General Services To Sell Certain Property to Kennebec County 
Fiscal Note for Bill as Amended by Committee Amendment lie' (~- S'3) 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Proceeds from the potential sale of the Augusta property will be credited to the Department of Administrative and 
Financial Services, Bureau of General Services - Capital Construction and Improvement Reserve Fund Other Special 
Revenue Funds program. 
LR1 0 19(03) - Fiscal Note - Page 1 of 1