Assembly Bill No. 28–Assemblyman de Braga
Prefiled January 22, 2001
____________
Referred to Committee on Education
SUMMARY—Revises provisions governing sale of
certain school property. (BDR 34‑822)
FISCAL NOTE: Effect on Local Government: No.
~
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 school property; providing a procedure for the sale of a house or other
structure built by pupils enrolled in a program of instruction offered by a
public school; 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. Chapter 393
of NRS is hereby amended by adding thereto a
1-2 new section to read as
follows:
1-3 1. The board of trustees may, after complying
with any other
1-4 applicable provision of NRS 393.220 to 393.325, inclusive, sell any
house
1-5 or other structure built by pupils enrolled in a program of
instruction
1-6 offered by a public school in the school district by accepting
written
1-7 proposals for the purchase of the house or structure at any public
1-8 meeting held by the board of trustees.
1-9 2. If the board of trustees proposes to sell a
house or other structure
1-10 built by pupils enrolled in a program of instruction offered by a
public
1-11 school in the school district and wishes to give an exclusive
listing to a
1-12 real estate broker to sell the house or structure, the board of
trustees
1-13 shall cause written notice to be published at least once in a
newspaper of
1-14 general circulation within the county not less than 30 days before
1-15 adopting a resolution of intention to sell the house or structure
pursuant
1-16 to the provisions of NRS 393.250. The notice must:
1-17 (a) Describe the house or
structure in such a manner as to identify it;
1-18 and
1-19 (b) Include a statement
indicating that:
1-20 (1) The board of trustees
intends to adopt a resolution pursuant to
1-21 the provisions of NRS 393.250 and the proposed date for its
adoption;
1-22 and
2-1 (2) If a real estate
broker wishes to be included in a list of
2-2 prospective real estate brokers prepared pursuant to the provisions
of
2-3 subsection 3, the real estate broker may provide a written notice of
that
2-4 fact to the board of trustees not less than 10 days before the date
2-5 specified in subparagraph (1).
2-6 3. Before adopting a resolution specified in
subsection 2, the board
2-7 of trustees shall:
2-8 (a) Prepare a list that
includes the name of each real estate broker
2-9 from whom the board of trustees received a written notice pursuant
to the
2-10 provisions of subparagraph (2) of paragraph (b) of subsection 2;
and
2-11 (b) Upon completion of the
list, select by lottery a real estate broker
2-12 from the list.
2-13 4. If the board of trustees sells a house or
other structure built by
2-14 pupils enrolled in a program of instruction offered by a public
school in
2-15 the school district and if the purchaser of the house or structure
was
2-16 procured by a real estate broker who was selected pursuant to the
2-17 provisions of subsection 3, the board of trustees shall pay a
commission
2-18 to the real estate broker for the full amount for which the sale is
2-19 confirmed. If the real estate broker did not procure the purchaser
of the
2-20 house or structure, the board of trustees shall pay one-half of the
2-21 commission on the full amount for which the sale is confirmed to
the real
2-22 estate broker and one-half of the commission to the real estate
broker
2-23 who procured the purchaser of the property.
2-24 5. The provisions of paragraph (c) of subsection
2 of NRS 393.250
2-25 and NRS 393.270 and 393.280 do not apply to the sale of a house or
2-26 other structure built by pupils enrolled in a program of
instruction
2-27 offered by a public school in the school district.
2-28 Sec. 2. NRS 393.240 is hereby amended to read as follows:
2-29 393.240 1. Except as otherwise provided in [subsection 5]
this
2-30 section and NRS 393.3251 to 393.3255, inclusive, [when]
if the board of
2-31 trustees proposes to sell or
lease any real property, the board shall appoint
2-32 one appraiser. A second
appraiser must be appointed by the superintendent
2-33 of public instruction.
2-34 2. The appraisers shall
make a report to the board of trustees of their
2-35 findings and determinations
of the cash market value of the property
2-36 proposed to be sold, or the
rental value of the property proposed to be
2-37 leased.
2-38 3. No sale or lease of real
property may be made for less than the value
2-39 fixed by the appraisers, but
this requirement does not apply to a
2-40 conveyance without charge to
another political subdivision.
2-41 4. The compensation of [the appraisers]
each appraiser appointed
2-42 pursuant to the provisions of this section must be fixed by the board
of
2-43 trustees, and is a legal
charge against the school district fund.
2-44 5. The board of trustees
may sell real property without an
independent
2-45 appraisal [where]
if the property is
reasonably determined by the board to
2-46 have a fair market value of
$5,000 or less.
2-47 6. If the board of trustees proposes to sell a
house or other structure
2-48 that is built by pupils enrolled in a program of instruction
offered by a
2-49 public school in the school district, the report concerning the
cash
3-1 market value of the house or other structure required to be
submitted to
3-2 the board of trustees pursuant to the provisions of subsection 2
must be
3-3 prepared and submitted by an appraiser appointed by the board.
3-4 Sec. 3. NRS 393.245 is hereby amended to read as follows:
3-5 393.245 1. The board of trustees may sell or lease real
property:
3-6 (a) To a responsible bidder in the manner provided by NRS 393.250
to
3-7 393.300, inclusive; or
3-8 (b) Through a licensed real estate broker. [No] Except as otherwise
3-9 provided in subsection 3, an exclusive listing may not be given. In all
3-10 listings, the board of
trustees shall specify the minimum price or rental, the
3-11 terms of the sale or lease, and the
commission to be allowed, which [shall]
3-12 must not exceed the normal commissions prevailing in the community at
3-13 the time.
3-14 2. [All]
Except as otherwise provided in
this subsection, all sales may
3-15 be made for cash, or for not
less than 25 percent cash down and upon
3-16 deferred payments [over a period of]
for not more than 10
years, secured
3-17 by a mortgage or deed of
trust, bearing such interest and upon such further
3-18 terms as specified by the board of trustees . [shall specify.] The sale of a
3-19 house or other structure that is built by pupils enrolled in a
program of
3-20 instruction offered by a public school in the school district may
be for
3-21 cash or upon such terms and conditions as are determined by the
board
3-22 of trustees.
3-23 3. If the board of trustees proposes to sell a house or other
structure
3-24 built by pupils enrolled in a program of instruction offered by a
public
3-25 school in the school district, the board of trustees may enter into
a
3-26 brokerage agreement to list the house or structure with a real
estate
3-27 broker who:
3-28 (a) Is licensed in this
state; and
3-29 (b) Has been selected by the
board of trustees pursuant to the
3-30 provisions of section 1 of this act.
3-31 4. The provisions of this section apply to all sales
and leases of real
3-32 property, except leases and
rentals subject to NRS 393.3251 to 393.3255,
3-33 inclusive, but if an
appraisal is required pursuant to
the provisions of NRS
3-34 393.240 , the board of trustees shall not adopt the
resolution described in
3-35 NRS 393.250 or otherwise
commence bidding or listing procedures until
3-36 the [report of the appraisers]
appraisal has been
received.
3-37 Sec. 4. NRS 393.250 is hereby amended to read as follows:
3-38 393.250 1. Before ordering the sale or lease of any
property, the
3-39 board of trustees shall, in an open meeting by a
majority vote of the
3-40 members, adopt a resolution
declaring its intention to sell the property, or a
3-41 resolution declaring its
intention to lease it . [, as the case may be.]
3-42 2. The resolution [shall:] must:
3-43 (a) Describe the property proposed to be sold or leased in such a
3-44 manner as to identify it.
3-45 (b) Specify the minimum price or rental, and the terms upon which
it
3-46 will be sold or leased, and
the commission, if any, which [shall] must not
3-47 exceed the normal
commissions prevailing in the community at the time,
3-48 which the board will pay to
a licensed real estate broker.
4-1 (c) [Fix] Except
as otherwise provided in section 1 of this act, fix a
4-2 time, not less than 3 weeks
thereafter, for a public meeting of the board of
4-3 trustees to be held at its
regular place of meeting, at which sealed proposals
4-4 to purchase or lease will be
received and considered.
4-5 3. In addition to the requirements specified in
subsection 2, if the
4-6 property proposed to be sold is a house or other structure built by
pupils
4-7 enrolled in a program of instruction offered by a public school in
the
4-8 school district and the board of trustees has listed the house or
structure
4-9 with a real estate broker pursuant to the provisions of subsection
3 of
4-10 NRS 393.245, the resolution required pursuant to the provisions of
this
4-11 section must include:
4-12 (a) The name, business
address and telephone number of the real
4-13 estate broker; and
4-14 (b) The period during which
the house or structure may be inspected
4-15 by prospective purchasers.
4-16 Sec. 5. NRS 393.260 is hereby amended to read as follows:
4-17 393.260 Notice of the
adoption of the resolution and of the time and
4-18 place of holding the meeting
[shall] , if
required pursuant to the
4-19 provisions of paragraph (c) of subsection 2 of NRS 393.250, must be
4-20 given by:
4-21 1. Posting copies of the
resolution in three public places in the school
4-22 district not less than 15
days before the date of the meeting; and
4-23 2. Publishing the
resolution not less than once a week for 2 successive
4-24 weeks before the meeting in
a newspaper of general circulation published
4-25 in the school district, if
any such newspaper is published therein.
4-26 Sec. 6. NRS 393.270 is hereby amended to read as follows:
4-27 393.270 [At] Except as otherwise provided in section
1 of this act, at
4-28 the time and place fixed in
the resolution for the meeting of the board of
4-29 trustees, [all sealed proposals which have] each
sealed proposal that has
4-30 been received [shall,]
must, in public
session, be opened, examined and
4-31 declared by the board. Of
the proposals submitted which conform to all
4-32 terms and conditions
specified in the resolution of intention to sell or to
4-33 lease and which are made by
responsible bidders, the proposal which is the
4-34 highest [shall]
must be finally
accepted, unless a higher oral bid is accepted
4-35 or the board rejects all
bids.
4-36 Sec. 7. NRS 393.280 is hereby amended to read as follows:
4-37 393.280 Except as otherwise provided in section
1 of this act:
4-38 1. Before accepting any written proposal, the
board of trustees shall
4-39 call for oral bids. If, upon
the call for oral bidding, any responsible person
4-40 offers to purchase the
property or to lease the property, as the case may be,
4-41 upon the terms and
conditions specified in the resolution, for a price or
4-42 rental exceeding by at least
5 percent the highest written proposal, after
4-43 deducting the commission, if
any, to be paid a licensed real estate broker in
4-44 connection therewith, [then]
the oral bid which is the highest after
4-45 deducting any commissions to
be paid a licensed real estate broker in
4-46 connection therewith, which
is made by a responsible person, [shall] must
4-47 be finally accepted.
4-48 2. If a sale or lease is
made on a higher oral bid to a purchaser
4-49 procured by an authorized,
licensed real estate broker, other than the broker
5-1 who submitted the highest
written proposal, the board shall allow a
5-2 commission on the full
amount for which the sale is confirmed. One-half of
5-3 the commission on the amount
of the highest written proposal [shall] must
5-4 be paid to the broker who
submitted it, and the balance of the commission
5-5 on the purchase price to the
broker who procured the purchaser to whom
5-6 the sale was confirmed. If a
sale or lease is made on a higher oral bid to a
5-7 purchaser not procured by a
licensed real estate broker, the board shall
5-8 allow one-half of the
commission on the amount of the highest written
5-9 proposal, if [such]
that highest written
proposal was submitted by a
5-10 licensed real estate broker.
5-11 Sec. 8. NRS 393.290 is hereby amended to read as follows:
5-12 393.290 The final
acceptance by the board of trustees may be made
5-13 [either at] :
5-14 1. At the same session [or at]
held pursuant to the provisions of
NRS
5-15 293.270;
5-16 2. At any adjourned session of the same meeting held
within the 10
5-17 days next following [.] ; or
5-18 3. If the board of trustees is selling a house
or other structure built
5-19 by pupils enrolled in a program of instruction offered by a public
school
5-20 in the school district, at any public meeting held pursuant to the
5-21 provisions of section 1 of this act.
5-22 Sec. 9. NRS 393.300 is hereby amended to read as follows:
5-23 393.300 The board of
trustees may [at] :
5-24 1. At the session [,] held pursuant to the provisions of NRS 393.270;
5-25 or
5-26 2. At any public meeting held by the board of
trustees pursuant to the
5-27 provisions of section 1 of this act,
5-28 if it deems such an action to be for the
best public interest, reject any [and
5-29 all bids, either written or oral,] bid, and
withdraw the property from sale or
5-30 lease.
~