Nevada 2019 Regular Session Status: Enacted 1 R cosponsors

SB 279 — Revises provisions relating to general improvement districts. (BDR 25-246)

Last action — Approved by the Governor. Chapter 411.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 14, 2019. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

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Summary

AN ACT relating to general improvement districts; requiring the board of trustees of a general improvement district to follow certain procedures before selling real property owned by the district; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

248 added · 261 removed

248 line(s) added, 261 removed.

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(Reprinted with amendments adopted on May 22, 2019) FIRST REPRINT S.B.
Senate Bill No.
279 SENATE BILL NO .
279–Senator Kieckhefer Joint Sponsor:
279–SENATOR KIECKHEFER M ARCH 14, 2019 ____________ OINT S PONSOR :
Assemblywoman Krasner CHAPTER..........
ASSEMBLYWOMAN K RASNER ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to general improvement districts.
(BDR 25-246) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law authorizes the board of trustees of a general improvement district to dispose of real property owned by the district.
Legislative Counsel’s Digest:
to dispose of real property owned by the district.
Section 3 of this bill requires the board to adopt procedures for creSection 4 of this bill requires a board of trustees, before ordering the sale of real property, to adopt a resolution at a public meeting:
Section 3 of this bill requires the board to adopt procedures for creating and maintaining a list of qualified appraisers.
of real property, to adopt a resolution at a public meeting:
(1) the first meeting where the board may sold.
(1) the first meeting where the board may adopt such a resolution;
Section 5 of this bill sets forth the procedures for selling the real property at the second meeting.
and (2) the second meeting at which the property may be sold.
Section 6 of this bill authorizes the board to not comply with such procedures if, under certain circumstances, the board sells the property to an adjacent property owner, the State or another governmental entity.
Section 5 of this bill sets forth the procedures for selling the real property at such procedures if, under certain circumstances, the board sells the property to an adjacent property owner, the State or another governmental entity.
- *SB279_R1* – 2 – Section 7 of this bill authorizes the board of trustees to:
Section 7 of this bill authorizes the board of trustees to:
Section 8 of this bill provides that any sale of real property by a board of described.s void if the sale violates any of the requirements or procedures previously THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 8 of this bill provides that any sale of real property by a board of described.s void if the sale violates any of the requirements or procedures previously EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1.
- 80th Session (2019) – 2 – 1.
The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the real property is offered for sale.
The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the real property is (b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to section 3 of this act.
(b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to section 3 of this act.
and - *SB279_R1* – 3 – (b) Be organized at random and rotated from time to time.
and 2.) BAn appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.
2.
An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.
(b) The real property is located in a county whose population is 45,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity;
(b) The real property is located in a county whose population is 45,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and - 80th Session (2019) – 3 – the relationship between the appraiser and the person is within the third degree of consanguinity or affinity;
Except as otherwise provided in NRS 318.1177, 318.118 and 318.215 and section 6 of this act, before ordering the sale of any real property owned by the general improvement vote of the members, adopt a resolution declaring the intention ofty the board to sell the property at auction and finding that the sale is in (a) Describe the property proposed to be sold in such a manner as to identify the property.
Except as otherwise provided in NRS 318.1177, 318.118 and 318.215 and section 6 of this act, before ordering the district, the board of trustees shall, in open meeting by a majority vote of the members, adopt a resolution declaring the intention of the board to sell the property at auction and finding that the sale is in the best interest of the district.
The resolution must:
(a) Describe the property proposed to be sold in such a manner as to identify the property.
and (b) Causing to be published at least once a week for 3 successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:
and (b) Causing to be published at least once a week for 3 successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the rea(1) A description of the real property proposed to be sold at auction in such a manner as to identify the property;
(1) A description of the real property proposed to be sold at auction in such a manner as to identify the property;
(2) The minimum price of the real property proposed to be sold at auction;
- *SB279_R1* – 4 – (2) The minimum price of the real property proposed to be sold at auction;
At the time and place fixed in the resolution for the meeting of the board of trustees adopted pursuant to section 4 of this act, all sealed bids which have been received must, in public session, be opened, examined and declared by the board.
At the time and place fixed in the resolution for the meeting of the board of trustees adopted pursuant to section 4 - 80th Session (2019) – 4 – of this act, all sealed bids which have been received must, in public session, be opened, examined and declared by the board.
If, upon the call for oral bidding, any responsible person offers to buy the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a res3.nsiThe final acceptance of a bid by the board may be made either at the same session or at any adjourned session of the same mee4.ng The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale.
If, upon the call for oral bidding, any responsible person in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.
3.
The final acceptance of a bid by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
4.
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The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale.
7.
property be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the board in acting upon the application, including the costs of publication and the expenses of appraisal.
The board may require any person requesting that real property be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the board in acting upon the application, including the costs of publication and the expenses of appraisal.
This deposit must be refunded if the person making the deposit is not the successful bidder.
This deposit - *SB279_R1* – 5 – must be refunded if the person making the deposit is not the successful bidder.
A person who owns real property located adjacent to the real property to be sold if the board has determined by resolution that the sale will be in the best interest of the district and the real property is a:
A person who owns real property located adjacent to the real property to be sold if the board has determined by resolution - 80th Session (2019) – 5 – that the sale will be in the best interest of the district and the real property is a:
(a) The sale restricts the use of the real property to a public use;
use;
and (b) The board adopts a resolution finding that the sale will be in the best interest of the district.
andhe sale restricts the use of the real property to a public (b) The board adopts a resolution finding that the sale will be in the best interest of the district.
If real property that is offered for sale pursuant the contract for the sale of the real property, the board of trusteesf may offer the real property for sale a second time pursuant to new appraisal or appraisals, as applicable, of the real propertya before offering the real property for sale a second time if:
If real property that is offered for sale pursuant to sections 4 and 5 of this act is not sold at the initial offering of the contract for the sale of the real property, the board of trustees may offer the real property for sale a second time pursuant to sections 4 and 5 of this act.
The board of trustees must obtain a new appraisal or appraisals, as applicable, of the real property before offering the real property for sale a second time if:
If real property that is offered for sale pursuant to this section is not sold at the second offering of the contract for the sale of the real property, the board of trustees may list the real property for sale at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.
If real property that is offered for sale pursuant to this section is not sold at the second offering of the contract for the sale of the real property, the board of trustees may list the real property for sale at the appraised value with a licensed real estate within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.
If the appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is listed with a licensed real estate broker, the board must obtain one new - *SB279_R1* – 6 – appraisal of the real property before listing the real property for sale at the new appraised value.
If the appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is listed with a licensed real estate broker, the board must obtain one new appraisal of the real property before listing the real property for sale at the new appraised value.
318.160 [The] Except as otherwise provided in sections 2 to 8, inclusive, of this act, the board shall have the power to acquire, dispose of and encumber real and personal property, and any interest therein, including leases, easements, and revenues derived from the operation thereof.
318.160 [The] Except as otherwise provided in sections 2 to 8, inclusive, of this act, the board shall have the power to acquire, - 80th Session (2019) – 6 – dispose of and encumber real and personal property, and any interest therein, including leases, easements, and revenues derived from the operation thereof.
318.220 1.
to 8, inclusive, of this act, any municipality, county, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any project or any part thereof or any interest in real or personal property or any money available for construction or improvement purposes, including the proceeds of bonds issued before, on or after March 30, 1959, for construction or improvement purposes which may be used by the district in the construction, improvement, maintenance or operation of any project.
[Any] Except as otherwise provided in sections 2 to 8, inclusive, of this act, any municipality, county, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any project or any part thereof or any interest in real or personal property or any money available for construction or improvement purposes, including the construction or improvement purposes which may be used by thefor district in the construction, improvement, maintenance or operation of 2.y pAny municipality, county or special district is also authorized to transfer, assign and set over to any district any contracts which may have been awarded by the municipality, county or special district for the construction of projects not begun or, if begun, not completed.
2.
Any municipality, county or special district is also authorized to transfer, assign and set over to any district any contracts which may have been awarded by the municipality, county or special district for the construction of projects not begun or, if begun, not completed.
The territory being served by any project or the territory within which the project is authorized to render service at the time of the acquisition of the project by a district must include the area served by the project and the area in which the project is authorized to serve at the time of acquisition and any other area into which the service may be extended within the district.
The territory being served by any project or the territory within which the project is authorized to render service at the time of the acquisition of the project by a district must include the area served by the project and the area in which the project is authorized to serve at the time of acquisition and any other area into which the either by general law or charter provision to authorize the transfer,ed such election must be called and conducted as provided by law.
If an election is required either by general law or charter provision to authorize the transfer, such election must be called and conducted as provided by law.
[Any] Except as otherwise provided in sections 2 to 8, inclusive, of this act, any county, city, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any facility, improvement or - *SB279_R1* – 7 – project, or any part thereof, or any interest in real or personal property or any money available for the construction, improvement, maintenance or operation of any facility, improvement or project.
[Any] Except as otherwise provided in sections to 8, inclusive, of this act, any county, city, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any facility, improvement or project, or any part thereof, or any interest in real or personal property or any money available for the construction, improvement, maintenance or operation of any facility, improvement or project.
Any county, city or special district may transfer, assign and set over to any district any contracts which may have been awarded by the county, city or special district for the construction of facilities, improvements or projects not begun or completed.
Any county, city or special district may transfer, assign and set over to any district any contracts which may have been awarded - 80th Session (2019) – 7 – by the county, city or special district for the construction of facilities, improvements or projects not begun or completed.
H - *SB279_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

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Action History

  1. Approved by the Governor. Chapter 411.

  2. Enrolled and delivered to Governor.

  3. Assembly Amendment No. 763 concurred in. To enrollment.

  4. In Senate.

  5. Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate.

  6. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 763.) To printer.

  8. In Assembly. Read first time. Referred to Committee on Government Affairs. To committee.

  9. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  10. Read second time.

  11. From committee: Do pass.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

What does SB 279 do?
AN ACT relating to general improvement districts; requiring the board of trustees of a general improvement district to follow certain procedures before selling real property owned by the district; and providing other matters properly relating thereto.
Who sponsors SB 279?
SB 279 is sponsored by Krasner, Lisa (Republican) and Ben Kieckhefer.
What is the current status of SB 279?
This bill has been enacted into law. Introduced March 14, 2019. Enacted.
Where can I track SB 279?
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