CHAPTER 65

FORMERLY

HOUSE BILL NO. 338

AN ACT AUTHORIZING THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION TO DISPOSE OF BY PUBLIC SALE OR AUCTION CERTAIN MOTOR VEHICLES WHICH HAVE BEEN DETERMINED BY THE DEPARTMENT TO BE IN EXCESS OF ITS NEEDS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The Department of Highways and Transportation is hereby authorized and empowered to dispose of by public sale or auction any motor vehicles in its possession, which have been determined by said Department to be in excess of its needs, notwithstanding any other law to the contrary.

Section 2. Notice of such sales or auctions shall be advertised at least once a week for 2 consecutive weeks in a Delaware newspaper circulated in each county of the State; however, if the anticipated proceeds of such sale are equal to or less than the cost of handling and advertising, the advertising requirement may be waived at the discretion of the Secretary of the Department of Highways and Transportation.

Section 3. The motor vehicles shall be sold to the highest bidder at such sales or auctions. All proceeds from such sales or auctions shall be retained by the Department of Highways and Transportation and used by said Department for the purchase of materials it may deem necessary to carry out its functions and duties, during the fiscal year ending on June 30, 1975. Any proceeds realized from the sale of such motor vehicles, unexpended or unencumbered as of June 30, 1975 shall revert to the General Fund.

Section 4. Any such motor vehicles remaining after being offered at such sales or auctions shall be disposed of by the Department of Administrative Services in the best interest of the State and the proceeds from such sale shall be deposited with the State Treasurer.

Section 5. The authority granted to the Department of Highways and Transportation by this Act shall apply only to motor vehicles which said Department shall have determined to be in excess of its needs during the fiscal year ending on June 30, 1975. Subsequent to June 30, 1975, all materials including vehicles which said Department determines to be in excess of its needs shall be reallocated or disposed of pursuant to the provisions of Chapter 70, Title 29, Delaware Code.

Approved May 16, 1975.