Nevada 2023 Regular Session Status: Enacted

AB 143 — Revises provisions governing counties. (BDR 20-460)

Last action — Approved by the Governor. Chapter 195.

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

This bill has been enacted into law. Introduced February 09, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 05, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

367 added · 375 removed

367 line(s) added, 375 removed.

→
Previous
Latest
(Reprinted with amendments adopted on April 11, 2023) FIRST REPRINT A.B.
Assembly Bill No.
143 A SSEMBLY B ILLN O.
143–Assemblyman O’Neill CHAPTER..........
143–ASSEMBLYMAN O’N EILL F EBRUARY 9, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing counties.
(BDR 20-460) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
authorizing, under certain circumstances, a board of county commissioners to convey without consideration real property acquired directly from the Federal Government for purposes of clearing title to certain persons;
authorizing, under certain circumstances, a board of county commissioners of certain counties to convey without consideration real property acquired directly from the Federal Government for purposes of clearing title to certain persons;
to transfer or sell real property.
Existing law sets forth certain procedures for a board of county commissioners to transfer or sell real property.
(NRS 244.2795-244.296) Section 1 of this bills authorizes a board of county commissioners to convey, without consideration and without complying with certain requirements in existing law, real property that the county acquired directly from the Federal Government for the purpose of clearing title to the property.
(NRS 244.2795-244.296) Section 1 of this bill authorizes the board of county commissioners of a county whose population is less than 4,500 (currently Esmeralda, Eureka and Storey Counties) to convey, without consideration and without complying with certain requirements in existing law, real property that the county acquired directly from the Federal Government for the conveyed to the person or persons, as applicable, who have an interest in thest be property.
(NRS 244.281) The real property must be conveyed to the person or persons, as applicable, who have an interest in the property.
To convey such real property, section 1 requires the board of county commissioners to execute and record a deed, which is effective upon recordation.
To convey and record a deed, which is effective upon recordation.
Section 1 further requires the board of county commissioners, upon recordation of the deed, to send actual notice by certified mail to the person or persons to whom the property was conveyed.
Section 1 further requirese the board of county commissioners, upon recordation of the deed, to send actual notice by certified mail to the person or persons to whom the property was conveyed.
Section 5.5 of this bill provides that if a board of county commissioners June 30, 2024, the county recorder of the county shall report to the Joint Interim Standing Committee on Government Affairs the number of such conveyances initiated or completed.
county whose population is less than 4,500 (currently Esmeralda, Eureka andners of a Storey Counties) conveys any real property pursuant to section 1 between October 1, 2023, and June 30, 2024, the county recorder of the county shall report to the Joint Interim Standing Committee on Government Affairs the number of such conveyances initiated or completed.
Sections 2 and 3 of this bill make conforming changes to exempt such conveyances from the provisions that generally apply to the sale or lease of property by a board of county commissioners.
Sections 2 and 3 of this bill make conforming changes to exempt such conveyances from the provisions that generally apply to the sale or lease of propSection 5 of this bill exempts conveyances executed pursuant to section 1 from the real property transfer tax.
- *AB143_R1* – 2 – Section 5 of this bill exempts conveyances executed pursuant to section 1 from the real property transfer tax.
Section 4 of this bill indicates the proper placement of section 1 in the Nevada Revised Statutes.
Revised Statutes.his bill indicates the proper placement of section 1 in the Nevada THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 82nd Session (2023) – 2 – 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:
A board of county commissioners may convey real property, without consideration or without complying with the provisions of NRS 244.281, if:
The board of county commissioners of a county whose population is less than 4,500 may convey real property, without consideration or without complying with the provisions of NRS 244.281, if:
and (b) The board of county commissioners conveys the real property to the person or persons, as applicable, who have an interest in the real property.
and (b) The board of county commissioners conveys the real property to the person or persons, as applicable, who have an int2.esIf the board of county commissioners of a county whose population is less than 4,500 conveys real property pursuant to subsection 1, the board must execute and record a deed, which shall be effective upon recordation.
2.
If the board of county commissioners conveys real property pursuant to subsection 1, the board must execute and record a deed, which shall be effective upon recordation.
Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and section 1 of this act, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board - *AB143_R1* – 3 – of county commissioners shall, when offering any real property for sale or lease:
Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and section 1 of this act, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the - 82nd Session (2023) – 3 – of county commissioners shall, when offering any real property foroard sale or lease:
The determination of the board of county commissioners as to the qualifications of the appraiser is conclusive.
The determination of the board of county com2.
2.
The board of county commissioners shall adopt by ordinanceusive.
The board of county commissioners shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board.
the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board.
(a) The appraiser has an interest in the real property or an adjoining property;
adjoining property;r has an interest in the real property or an (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 the relationship between the appraiser and the person is within the third degree of consanguinity or affinity;
or (c) The real property is located in a county whose population is less than 45,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the - 82nd Session (2023) – 4 – second degree of consanguinity or affinity.person is within the 5.
or (c) The real property is located in a county whose population is less than 45,000 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 second degree of consanguinity or affinity.
- *AB143_R1* – 4 – 5.
Except as otherwise provided in this subsection and NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and section 1 of this act, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election:
Except as otherwise provided in this subsection and NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and section 1 of this act, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election:
(2) Lease the real property in the manner prescribed for the lease of real property in NRS 244.283.
lease of real property in NRS 244.283.the manner prescribed for the (b) Before the board of county commissioners may sell or lease any real property as provided in paragraph (a), it shall:
(b) Before the board of county commissioners may sell or lease any real property as provided in paragraph (a), it shall:
(I) A description of the real property proposed to be sold or leased in such a manner as to identify it;
- 82nd Session (2023) – 5 – or leased in such a manner as to identify it;rty proposed to be sold (II) The minimum price, if applicable, of the real property proposed to be sold or leased;
(II) The minimum price, if applicable, of the real property proposed to be sold or leased;
and (III) The places at which the resolution described in paragraph (a) has been posted pursuant to subparagraph (1), and any other places at which copies of that resolution may be obtained.
and - *AB143_R1* – 5 – (III) The places at which the resolution described in paragraph (a) has been posted pursuant to subparagraph (1), and any other places at which copies of that resolution may be obtained.
Show all 70 changed rows (30 more)
Previous
Latest
If the board of county commissioners holds a public hearing on the matter of the fair market value of the property, one disinterested, competent appraisal of the real property is sufficient before selling or leasing it.
If the board of county commissioners property, one disinterested, competent appraisal of the real property is sufficient before selling or leasing it.
or (2) Sell the real property either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
or (2) Sell the real property either for cash or for not less than percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of cou(e) A board of county commissioners may sell or lease any real property owned by the county without complying with the provisions of NRS 244.282 or 244.283 to:
(e) A board of county commissioners may sell or lease any real property owned by the county without complying with the provisions of NRS 244.282 or 244.283 to:
(I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;
(I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other - 82nd Session (2023) – 6 – public facility;
(II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property for sale or lease;
portion thereof, flood control facility or other (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property for sale or lease;
or - *AB143_R1* – 6 – (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property for sale or lease.
or (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property for sale or lease.
(f) A board of county commissioners that disposes of real property pursuant to paragraph (d) is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.
(f) A board of county commissioners that disposes of real property pursuant to paragraph (d) is not required to offer to property was received or acquired by donation or dedication.
(h) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the board of county commissioners may list the real property for sale or lease at the appraised value or average of the appraised value if two or more appraisals were obtained, as applicable, 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.
(h) If real property that is offered for sale or lease pursuant to contract for the sale or lease of the real property, the board of county commissioners may list the real property for sale or lease at the appraised value or average of the appraised value if two or more appraisals were obtained, as applicable, 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 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 of county commissioners must obtain one new appraisal of the real property pursuant to the provisions of NRS 244.2795 before listing the real property for sale or lease 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 - 82nd Session (2023) – 7 – real estate broker, the board of county commissioners must obtain one new appraisal of the real property pursuant to the provisions of NRS 244.2795 before listing the real property for sale or lease at the new appraised value.
2.
provisions of this section:
If real property is sold or leased in violation of the provisions of this section:
sold or leased in violation of the (a) The sale or lease is void;
(a) The sale or lease is void;
and (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.
and - *AB143_R1* – 7 – (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.
The board of county commissioners shall, by ordinance, establish the qualifications for receiving payments for the cost of moving pursuant to this paragraph.
The board of qualifications for receiving payments for the cost of movinglish the pursuant to this paragraph.
4.
- 82nd Session (2023) – 8 – 4.
(a) Constitutes a taking of all or any part of the property, or interest therein;
(a) Constitutes a taking of all or any part of the property, or int(b) Lowers the value of the property;
(b) Lowers the value of the property;
- *AB143_R1* – 8 – (a) “Highway with limited access” means a divided highway for through traffic with full control of access and with grade separations at intersections.
(a) “Highway with limited access” means a divided highway for through traffic with full control of access and with grade separations at intersections.
3.
the real property, including, without limitation, a transfer by anip of instrument in writing pursuant to the terms of a land sale installment contract previously recorded and upon which the taxes imposed by this chapter have been paid.
A transfer of title recognizing the true status of ownership of the real property, including, without limitation, a transfer by an instrument in writing pursuant to the terms of a land sale installment contract previously recorded and upon which the taxes imposed by this chapter have been paid.
8.
- 82nd Session (2023) – 9 – 8.
- *AB143_R1* – 9 – 11.
11.
The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
The making, delivery or filing of conveyances of real pro(a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C.ent:
(a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C.
subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.
12.
A transfer to an educational foundation.
As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.
A conveyance of real property to a person or persons from a board of county commissioners pursuant to section 1 of this act.
A conveyance of real property to a person or persons from the board of county commissioners of a county whose population is less than 4,500 pursuant to section 1 of this act.
If a board of county commissioners conveys any real property pursuant to section 1 of this act between October 1, 2023, and June 30, 2024, the county recorder of the county shall, on or before July 1, 2024, report to the Joint Interim Standing Committee on Government Affairs the number of such conveyances initiated or completed.
If the board of county commissioners of a county whose population is less than 4,500 conveys any real property pursuant to section 1 of this act between October 1, 2023, and June 30, 2024, the county recorder of the county shall, on or before July 1, 2024, report to the Joint Interim Standing Committee on Government Affairs the number of such conveyances initiated or completed.
H - *AB143_R1*
~~~~~ 23 - 82nd Session (2023)
⬇ Download PDF
View plain text versions (4)

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Approved by the Governor. Chapter 195.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 688 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  6. Taken from General File. Placed on General File for next legislative day.

  7. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 688.) To printer.

  9. In Senate. Read first time. Referred to Committee on Government Affairs. To committee.

  10. Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.

  11. From printer. To engrossment. Engrossed. First reprint.

  12. Read second time. Amended. (Amend. No. 55.) To printer.

  13. From committee: Amend, and do pass as amended.

  14. From printer. To committee.

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

Sponsors

  • Philip PK O’Neill · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Philip PK O’Neill

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"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

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 143?
AB 143 is sponsored by Philip PK O’Neill.
What is the current status of AB 143?
This bill has been enacted into law. Introduced February 09, 2023. Enacted.
Where can I track AB 143?
Track AB 143 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 143

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 143

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →