SB352 SUB1

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 352

(By Senators Stollings and Snyder)

____________

[Originating in the Committee on Government Organization;

                  reported February 10, 2011.]                                       ____________

A BILL to amend and reenact §7-3-3 of the Code of West Virginia, 1931, as amended, relating to the sale of property owned by the county commission; and providing an exemption for sale of county-owned hospitals.

Be it enacted by the Legislature of West Virginia:

    That §7-3-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. COUNTY PROPERTY.

§7-3-3. Sale of county or district property.

    (a) Except as may be prohibited by law or otherwise, the county commission of a county is authorized by law to sell or dispose of any property, either real or personal, belonging to the county or held by it for the use of any district thereof. The property shall be sold at public auction.

    (b) The public auction sale shall be:

    (1) At the front door of the courthouse of the county; and such sale shall be

    (2) Conducted by the president of the county commission or a designee.

    (c) but before making any such Prior to the sale, the county commission shall publish as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, a notice of the time, date, terms and place of the sale, together with a brief description of the property to be sold. shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and The publication area for such publication the notice shall be the county. Provided, That this section shall

    (d) The provisions of this section do not apply to:

    (1) The sale of any one item of property of less value than $1,000; Provided, however, That the provisions of this section concerning sale at public auction shall not apply to

    (2) A county commission selling or disposing of its property for a public use to:

    (A) The United States of America, its instrumentalities, agencies or political subdivisions; or to

    (B) The State of West Virginia, or its political subdivisions, including county boards of education, volunteer fire departments and volunteer ambulance services, for an adequate consideration without considering alone the present commercial or market value of the property: Provided further, That all real property conveyed or sold by a county commission to a volunteer fire department or volunteer ambulance service under this provision subdivision shall revert back to the county commission if the volunteer fire department or volunteer ambulance service ceases to use it for the purpose for which the real property was conveyed or sold; or

    (3) A transfer of a county-owned hospital to a non-profit corporation formed by the trustees of the county-owned hospital for an adequate consideration without considering alone the present commercial or market value of the property, if the county commission finds, by adopted written resolution that specifically states, that:

    (A) The objectives for the property would not be met if the property was sold at public auction;

    (B) The interests of the public would be better served by the transfer to the non-profit corporation;

    (C) The transfer to the non-profit corporation would not be a detriment to the county; and

    (D) The property shall revert back to the county commission if the property ceases to be used as a hospital.