72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2739
 
LC 2383/HB 2739-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2739
 
               By COMMITTEE ON GENERAL GOVERNMENT
 
                            April 24
 
  On page 1 of the printed bill, line 2, after '270.110 ' insert
'and 366.395'.
  In line 7, after 'shall' insert ', unless the state or agency
determines and documents by written findings that to do so is not
in the public interest,'.
  On page 2, after line 5, insert:
  '  { +  SECTION 2. + } ORS 366.395 is amended to read:
  ' 366.395. (1) The Department of Transportation may sell,
lease, exchange { +  for property, cash or services + } or
otherwise dispose or permit use of real or personal property,
including equipment and materials acquired by the department,
title to which real or other property may have been taken either
in the name of the department, or in the name of the state, and
which real or personal property is, in the opinion of the
department, no longer needed, required or useful for department
purposes, except that real property may be leased when, in the
opinion of the department, such real property will not be needed,
required or useful for department purposes during the leasing
period.
  ' (2) The department may sell, lease, exchange  { + for
property, cash or services + } or otherwise dispose of such real
or personal property in such manner as in the judgment of the
department will best serve the interests of the state and will
most adequately conserve highway funds or the department's
account or fund for the real or personal property. In the case of
real property, interest in or title to the same may be conveyed
by deed or other instrument executed in the name of the state, by
and through the department. All funds or money derived from the
sale { + , + }   { - or - }  lease { + , exchange or other
disposal + } of any such property shall be paid by the department
to the State Treasurer with instructions to the State Treasurer
to credit such funds or moneys:
  ' (a) To the highway fund; or
  ' (b) To the department's account or fund for the property.
The State Treasurer shall credit the funds and moneys so received
as the department shall direct.
  ' (3)(a) Before offering forest products for sale the
department shall cause the forest products to be appraised.
  ' (b) If the appraised value of the forest products exceeds
$15,000, the department   { - shall - }   { + may + } not sell
them to a private person, firm or corporation except after a
public auction to receive competitive bids. Prior to such
auction, the department shall give notice thereof not less than
once a week for three consecutive weeks by publication in one or
more newspapers of general circulation in the county in which the
forest products are located and by such other media of
communication as the department deems advisable. The minimum bid
price and a brief statement of the terms and conditions of the
sale shall be in the notice.
 
  ' (c) Notice and competitive bidding under paragraph (b) of
this subsection   { - shall not be - }   { + is not + } required
if the Director of Transportation declares an emergency to exist
that requires the immediate removal of the timber. If an
emergency has been so declared:
  ' (A) Then the timber, regardless of value, may be sold by a
negotiated price; and
  ' (B) The director shall make available for public inspection a
written statement giving the reasons for declaring the emergency.
  ' (4) The department's account or fund for the forest product
shall be credited with the proceeds of the sale.'.
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