Relating to supersiting correctional facilities; creating new provisions; amending ORS 421.639 and 426.508; and repealing ORS 421.611, 421.612, 421.614, 421.616, 421.618, 421.621, 421.623, 421.626, 421.628, 421.630, 421.635, 421.637, 421.641, 421.643, 421.645, 421.647, 421.649, 421.651, 421.653, 421.655 and 421.657.

 
 
 
     71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 405
 
                           A-Engrossed
 
                         House Bill 2055
                  Ordered by the House March 9
            Including House Amendments dated March 9
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Jerry
  Krummel)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Repeals statutes authorizing quicker siting procedures for
correctional facilities.
    { - Declares emergency, effective on passage. - }
 
                        A BILL FOR AN ACT
Relating to supersiting correctional facilities; creating new
  provisions; amending ORS 421.639 and 426.508; and repealing ORS
  421.611, 421.612, 421.614, 421.616, 421.618, 421.621, 421.623,
  421.626, 421.628, 421.630, 421.635, 421.637, 421.641, 421.643,
  421.645, 421.647, 421.649, 421.651, 421.653, 421.655 and
  421.657.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + ORS 421.611, 421.612, 421.614, 421.616,
421.618, 421.621, 421.623, 421.626, 421.628, 421.630, 421.635,
421.637, 421.641, 421.643, 421.645, 421.647, 421.649, 421.651,
421.653, 421.655 and 421.657 are repealed. + }
  SECTION 2. ORS 421.639 is amended to read:
  421.639. Notwithstanding   { - ORS 421.611 to 421.630 or - }
any actions taken under ORS 421.611 to 421.630  { - , - }  { +
(1999 Edition) + } and notwithstanding   { - ORS 421.637, 421.641
and 421.643 - }  { +  any actions taken under ORS 421.635 to
421.657 (1999 Edition) + }, the real property known as the F. H.
Dammasch State Hospital shall not be used as a Department of
Corrections facility.
  SECTION 3. ORS 426.508 is amended to read:
  426.508. (1) Notwithstanding   { - ORS 421.611 to 421.630
or - }  any actions taken under ORS 421.611 to 421.630 { +  (1999
Edition) and notwithstanding any actions taken under ORS 421.635
to 421.657 (1999 Edition) + }, the Department of Corrections
shall transfer the real property known as the F. H. Dammasch
State Hospital and all improvements to the Oregon Department of
Administrative Services to be sold for the benefit of the Mental
Health and Developmental Disability Services Division.
  (2)(a) Notwithstanding ORS 270.100 to 270.190, and except as
provided in subsection (4) of this section, the Oregon Department
of Administrative Services shall sell or otherwise convey the
real property known as the F. H. Dammasch State Hospital in a
manner consistent with the provisions of this section. Conveyance
shall not include transfer to a state agency. The sale price of
the real property shall equal or exceed the fair market value of
the real property. The department shall engage the services of a
licensed real estate broker or real estate organization to
facilitate the sale of the real property.
  (b) The Oregon Department of Administrative Services shall
retain from the sale or other conveyance of the real property
those costs incurred by the state in selling or conveying the
real property, including costs incurred by the Department of
Corrections in transferring the real property to the Oregon
Department of Administrative Services. The remaining proceeds
from the sale or other conveyance shall be transferred to the
Community Housing Trust Account created under ORS 426.506 (3).
  (3) Redevelopment of the real property formerly occupied by the
F. H. Dammasch State Hospital shall be consistent with the
Dammasch Area Transportation Efficient Land Use Plan developed by
Clackamas County, the City of Wilsonville, the Oregon Department
of Administrative Services, the Department of Land Conservation
and Development, the Department of Transportation, the State
Housing Council, the Mental Health and Developmental Disability
Services Division and the Division of State Lands.
  (4) The Oregon Department of Administrative Services shall
reserve from the sale of the real property under subsection (2)
of this section not more than 10 acres. The real property
reserved from sale shall be transferred to the Mental Health and
Developmental Disability Services Division for use by the
division to develop community housing for chronically mentally
ill persons.  The department and the division shall jointly
coordinate with the City of Wilsonville to identify the real
property reserved from sale under this subsection.
  SECTION 4.  { + (1) Notwithstanding the repeal of ORS 421.611,
421.612, 421.614, 421.616, 421.618, 421.621, 421.623, 421.626,
421.628 and 421.630 by section 1 of this 2001 Act, when a siting
decision has been approved by the Governor under ORS 421.626
(1999 Edition) prior to the effective date of this 2001 Act,
construction and operation of the sited corrections facility
shall continue to be governed by ORS 421.628 and 421.630 (both
1999 Edition).
  (2) Notwithstanding the repeal of ORS 421.635, 421.637,
421.641, 421.643, 421.645, 421.647, 421.649, 421.651, 421.653,
421.655 and 421.657 by section 1 of this 2001 Act, when a siting
decision has been approved by the Governor under ORS 421.643
(1999 Edition) prior to the effective date of this 2001 Act,
construction and operation of the sited corrections facility
shall continue to be governed by ORS 421.645, 421.647, 421.649
and 421.653 (all 1999 Edition). + }
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