Senate Bill No. 52–Senator Mathews

Prefiled January 28, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing cooperative agreements to allow certain transactions by public agencies with Indian tribes. (BDR 22-198)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to cooperative agreements; revising provisions governing cooperative agreements to allow certain transactions by public agencies with Indian tribes; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 277.050 is hereby amended to read as follows:

1-2 277.050 1. As used in this section, "public agency" includes , without

1-3 limitation, the United States or a department or agency of the Federal

1-4 Government, a county, a public corporation and a public district.

1-5 2. Without a vote of the electors of a public agency first being had, the

1-6 governing body of the agency may:

1-7 (a) Sell or exchange to another public agency, [or to] the State of Nevada

1-8 or a department or agency of the state [;] or an Indian tribe; or

1-9 (b) Lease to another public agency, [or to] the State of Nevada or a

1-10 department or agency of the state [,] or an Indian tribe, for a term not

1-11 exceeding 99 years,

1-12 any real property belonging to it.

1-13 3. A sale or exchange may be:

1-14 (a) Negotiated without advertising for public bids.

1-15 (b) Made for cash or property, or for part cash and property, or for part

1-16 cash and terms of deferred payments secured by mortgage or deed of trust,

1-17 but the purchasing public agency or entity or exchanging public agencies or

1-18 entities shall, except as otherwise provided in NRS 277.053, pay or convey

1-19 property worth an amount at least equal to the current appraised value of the

2-1 real property being conveyed or exchanged. Money derived from a sale

2-2 must be used for capital outlay.

2-3 4. A lease may be:

2-4 (a) Negotiated without advertising for public bids.

2-5 (b) Made for such consideration as is authorized by action of the

2-6 governing body of the lessor public agency.

2-7 5. Before ordering the sale, exchange or lease of any such property , the

2-8 governing body of a public agency shall, in a regular open meeting, by a

2-9 majority vote of its members, adopt a resolution declaring its intention to

2-10 sell or exchange it, or a resolution declaring its intention to lease it, as the

2-11 case may be. The resolution must:

2-12 (a) Describe the property proposed to be sold, exchanged or leased in

2-13 such a manner as to identify it.

2-14 (b) Specify the minimum price, consideration or rent and the terms upon

2-15 which it will be sold, exchanged or leased.

2-16 (c) Fix a time not less than 2 weeks thereafter for a public meeting of the

2-17 governing body, at which objections to the sale, exchange or lease may be

2-18 made by the electors of the public agency.

2-19 6. Notice of the adoption of the resolution and of the time and place of

2-20 the public meeting must be published in a newspaper of general circulation

2-21 published in the county in which the public agency or any part thereof is

2-22 situated. The notice must be published not less than twice, on successive

2-23 days, the last publication to be not less than 7 days before the date of the

2-24 public meeting.

2-25 7. Any resolution accepting a bid or any other form of acceptance of a

2-26 bid by another public agency must direct the chairman, president or other

2-27 presiding officer of the governing body of the selling, exchanging or lessor

2-28 public agency to execute a deed or lease and to deliver it to the purchasing,

2-29 exchanging or lessee public agency or entity upon the performance and

2-30 compliance by it of all the terms and conditions of the contract to be

2-31 performed concurrently with the delivery.

2-32 Sec. 2. NRS 277.053 is hereby amended to read as follows:

2-33 277.053 A governing body of a political subdivision may convey real

2-34 property to another political subdivision or an Indian tribe without charge

2-35 if the property is to be used for a public purpose.

2-36 Sec. 3. NRS 393.326 is hereby amended to read as follows:

2-37 393.326 1. When the board of trustees of a school district determines

2-38 that the exchange of real property belonging to the school district for real

2-39 property belonging to an individual, partnership or corporation , [(] other

2-40 than a public agency as defined in NRS 277.050 [)] or an Indian tribe, is

2-41 necessary or for the best interests of the school district, the board shall have

2-42 the power to exchange such real property, whether acquired by purchase,

2-43 dedication or otherwise.

3-1 2. The provisions of subsection 1 shall not be construed to permit the

3-2 exchange of any real property in contravention of any condition in a gift or

3-3 devise of real property to the school district.

3-4 Sec. 4. NRS 393.327 is hereby amended to read as follows:

3-5 393.327 Every exchange with an individual, partnership or corporation

3-6 [shall] must be made in the manner provided in NRS 393.326 to 393.3293,

3-7 inclusive. Exchanges with public agencies [shall] and Indian tribes must be

3-8 made in the manner provided in NRS 277.050.

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