Assembly Bill No. 28–Assemblyman de Braga

 

CHAPTER..........

 

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:

 

   Section 1. Chapter 393 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  The board of trustees may, after complying with any other

 applicable provision of NRS 393.220 to 393.325, inclusive, sell any

 house or other structure built by pupils enrolled in a program of

 instruction offered by a public school in the school district by accepting

 written proposals for the purchase of the house or structure at any

 public meeting held by the board of trustees.

   2.  If the board of trustees proposes to sell a house or other structure

 built by pupils enrolled in a program of instruction offered by a public

 school in the school district and wishes to give an exclusive listing to a

 real estate broker to sell the house or structure, the board of trustees

 shall cause written notice to be published at least once in a newspaper of

 general circulation within the county not less than 30 days before

 adopting a resolution of intention to sell the house or structure pursuant

 to the provisions of NRS 393.250. The notice must:

   (a) Describe the house or structure in such a manner as to identify it;

 and

   (b) Include a statement indicating that:

     (1) The board of trustees intends to adopt a resolution pursuant to

 the provisions of NRS 393.250 and the proposed date for its adoption;

 and

     (2) If a real estate broker wishes to be included in a list of

 prospective real estate brokers prepared pursuant to the provisions of

 subsection 3, the real estate broker may provide a written notice of that

 fact to the board of trustees not less than 10 days before the date

 specified in subparagraph (1). To qualify for inclusion on the list, a real

 estate broker must maintain an office within the county where the

 school district is located.

   3.  Before adopting a resolution specified in subsection 2, the board

 of trustees shall:

   (a) Prepare a list that includes the name of each qualified real estate

 broker from whom the board of trustees received a written notice

 pursuant to the provisions of subparagraph (2) of paragraph (b) of

 subsection 2; and

   (b) Upon completion of the list, select by lottery a real estate broker

 who maintains an office within the county where the school district is

 located from the list.

   4.  If the board of trustees sells a house or other structure built by

 pupils enrolled in a program of instruction offered by a public school in

 the school district and if the purchaser of the house or structure was

 procured by a real estate broker who was selected pursuant to the

provisions of subsection 3, the board of trustees shall pay a commission

to the real estate broker for the full amount for which the sale is

 confirmed. If the real estate broker did not procure the purchaser of the

 house or structure, the board of trustees shall pay one-half of the

 commission on the full amount for which the sale is confirmed to the

 real estate broker and one-half of the commission to the real estate

 broker who procured the purchaser of the property.

   5.  The provisions of paragraph (c) of subsection 2 of NRS 393.250

 and NRS 393.270 and 393.280 do not apply to the sale of a house or

 other structure built by pupils enrolled in a program of instruction

 offered by a public school in the school district.

   Sec. 2.  NRS 393.240 is hereby amended to read as follows:

   393.240  1.  Except as otherwise provided in [subsection 5] this

 section and NRS 393.3251 to 393.3255, inclusive, [when] if the board of

 trustees proposes to sell or lease any real property, the board shall appoint

 one appraiser. A second appraiser must be appointed by the superintendent

 of public instruction.

   2.  The appraisers shall make a report to the board of trustees of their

 findings and determinations of the cash market value of the property

 proposed to be sold, or the rental value of the property proposed to be

 leased.

   3.  No sale or lease of real property may be made for less than the value

 fixed by the appraisers, but this requirement does not apply to a

 conveyance without charge to another political subdivision.

   4.  The compensation of [the appraisers] each appraiser appointed

 pursuant to the provisions of this section must be fixed by the board of

 trustees, and is a legal charge against the school district fund.

   5.  The board of trustees may sell real property without an independent

 appraisal [where] if the property is reasonably determined by the board to

 have a fair market value of $5,000 or less.

   6.  If the board of trustees proposes to sell a house or other structure

 that is built by pupils enrolled in a program of instruction offered by a

 public school in the school district, the report concerning the cash

 market value of the house or other structure required to be submitted to

 the board of trustees pursuant to the provisions of subsection 2 must be

 prepared and submitted by an appraiser appointed by the board.

   Sec. 3.  NRS 393.245 is hereby amended to read as follows:

   393.245  1.  The board of trustees may sell or lease real property:

   (a) To a responsible bidder in the manner provided by NRS 393.250 to

 393.300, inclusive; or

   (b) Through a licensed real estate broker. [No] Except as otherwise

 provided in subsection 3, an exclusive listing may not be given. In all

 listings, the board of trustees shall specify the minimum price or rental, the

 terms of the sale or lease, and the commission to be allowed, which [shall]

 must not exceed the normal commissions prevailing in the community at

 the time.

   2.  [All] Except as otherwise provided in this subsection, all sales may

 be made for cash, or for not less than 25 percent cash down and upon

 deferred payments [over a period of] for not more than 10 years, secured

 by a mortgage or deed of trust, bearing such interest and upon such further

terms as specified by the board of trustees . [shall specify.] The sale of a

house or other structure that is built by pupils enrolled in a program of

 instruction offered by a public school in the school district may be for

 cash or upon such terms and conditions as are determined by the board

 of trustees.

   3.  If the board of trustees proposes to sell a house or other structure

 built by pupils enrolled in a program of instruction offered by a public

 school in the school district, the board of trustees may enter into a

 brokerage agreement to list the house or structure with a real estate

 broker who:

   (a) Is licensed in this state;

   (b) Maintains an office within the county where the school district is

 located; and

   (c) Has been selected by the board of trustees pursuant to the

 provisions of section 1 of this act.

   4.  The provisions of this section apply to all sales and leases of real

 property, except leases and rentals subject to NRS 393.3251 to 393.3255,

 inclusive, but if an appraisal is required pursuant to the provisions of NRS

 393.240 , the board of trustees shall not adopt the resolution described in

 NRS 393.250 or otherwise commence bidding or listing procedures until

 the [report of the appraisers] appraisal has been received.

   Sec. 4.  NRS 393.250 is hereby amended to read as follows:

   393.250  1.  Before ordering the sale or lease of any property, the

 board of trustees shall, in an open meeting by a majority vote of the

 members, adopt a resolution declaring its intention to sell the property, or

 a resolution declaring its intention to lease it . [, as the case may be.]

   2.  The resolution [shall:] must:

   (a) Describe the property proposed to be sold or leased in such a

 manner as to identify it.

   (b) Specify the minimum price or rental, and the terms upon which it

 will be sold or leased, and the commission, if any, which [shall] must not

 exceed the normal commissions prevailing in the community at the time,

 which the board will pay to a licensed real estate broker.

   (c) [Fix] Except as otherwise provided in section 1 of this act, fix a

 time, not less than 3 weeks thereafter, for a public meeting of the board of

 trustees to be held at its regular place of meeting, at which sealed

 proposals to purchase or lease will be received and considered.

   3.  In addition to the requirements specified in subsection 2, if the

 property proposed to be sold is a house or other structure built by pupils

 enrolled in a program of instruction offered by a public school in the

 school district and the board of trustees has listed the house or structure

 with a real estate broker pursuant to the provisions of subsection 3 of

 NRS 393.245, the resolution required pursuant to the provisions of this

 section must include:

   (a) The name, business address and telephone number of the real

 estate broker; and

   (b) The period during which the house or structure may be inspected

 by prospective purchasers.

 

 

   Sec. 5.  NRS 393.260 is hereby amended to read as follows:

   393.260  Notice of the adoption of the resolution and of the time and

 place of holding the meeting [shall] , if required pursuant to the

 provisions of paragraph (c) of subsection 2 of NRS 393.250, must be

 given by:

   1.  Posting copies of the resolution in three public places in the school

 district not less than 15 days before the date of the meeting; and

   2.  Publishing the resolution not less than once a week for 2 successive

 weeks before the meeting in a newspaper of general circulation published

 in the school district, if any such newspaper is published therein.

   Sec. 6.  NRS 393.270 is hereby amended to read as follows:

   393.270  [At] Except as otherwise provided in section 1 of this act, at

 the time and place fixed in the resolution for the meeting of the board of

 trustees, [all sealed proposals which have] each sealed proposal that has

 been received [shall,] must, in public session, be opened, examined and

 declared by the board. Of the proposals submitted which conform to all

 terms and conditions specified in the resolution of intention to sell or to

 lease and which are made by responsible bidders, the proposal which is the

 highest [shall] must be finally accepted, unless a higher oral bid is

 accepted or the board rejects all bids.

   Sec. 7.  NRS 393.280 is hereby amended to read as follows:

   393.280  Except as otherwise provided in section 1 of this act:

   1.  Before accepting any written proposal, the board of trustees shall

 call for oral bids. If, upon the call for oral bidding, any responsible person

 offers to purchase the property or to lease the property, as the case may be,

 upon the terms and conditions specified in the resolution, for a price or

 rental exceeding by at least 5 percent the highest written proposal, after

 deducting the commission, if any, to be paid a licensed real estate broker

 in connection therewith, [then] the oral bid which is the highest after

 deducting any commissions to be paid a licensed real estate broker in

 connection therewith, which is made by a responsible person, [shall] must

 be finally accepted.

   2.  If a sale or lease is made on a higher oral bid to a purchaser

 procured by an authorized, licensed real estate broker, other than the

 broker who submitted the highest written proposal, the board shall allow a

 commission on the full amount for which the sale is confirmed. One-half

 of the commission on the amount of the highest written proposal [shall]

 must be paid to the broker who submitted it, and the balance of the

 commission on the purchase price to the broker who procured the

 purchaser to whom the sale was confirmed. If a sale or lease is made on a

 higher oral bid to a purchaser not procured by a licensed real estate broker,

 the board shall allow one-half of the commission on the amount of the

 highest written proposal, if [such] that highest written proposal was

 submitted by a licensed real estate broker.

   Sec. 8.  NRS 393.290 is hereby amended to read as follows:

   393.290  The final acceptance by the board of trustees may be made

 [either at] :

   1.  At the same session [or at] held pursuant to the provisions of NRS

 293.270;

   2.  At any adjourned session of the same meeting held within the 10

days next following[.] ; or

   3.  If the board of trustees is selling a house or other structure built

 by pupils enrolled in a program of instruction offered by a public school

 in the school district, at any public meeting held pursuant to the

 provisions of section 1 of this act.

   Sec. 9.  NRS 393.300 is hereby amended to read as follows:

   393.300  The board of trustees may [at] :

   1.  At the session[,] held pursuant to the provisions of NRS 393.270;

 or

   2.  At any public meeting held by the board of trustees pursuant to the

 provisions of section 1 of this act,

if it deems such an action to be for the best public interest, reject any [and

 all bids, either written or oral,] bid, and withdraw the property from sale or

 lease.

 

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