HB2414 PS AM 2-20
Delegate Lawrence moves to amend the bill on page 1, line 17,
by striking everything after the enacting section and inserting in
lieu thereof the following:
"ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL
OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-18a. Conveyance of property to a nonprofit corporation.
_____(a) Notwithstanding the provisions of section eighteen of this
article, a municipality may lease or convey municipal property,
without public auction, to a nonprofit corporation providing
charitable or patriotic services, for the purpose of rendering
services which benefit the public and which the municipality would
lawfully provide for less than fair market value, if the
municipality's governing body makes factual determinations that:
_____(1) There is a lack of need for the property by the
municipality in comparison to the benefit to the municipality
and/or the public if the property is leased or conveyed as provided
in this section; and
_____(2) The nonprofit corporation demonstrates its need for the
property in order to provide the services which benefit the public.
_____(b) If the nonprofit corporation should cease to provide those
services which benefit the public, the property shall, by operation
of law, revert to and vest in the municipality, after which the
nonprofit corporation shall have no right, title or interest in or
to the property.
_____(c) Any lease, deed or other instrument conveying the
municipal property, executed pursuant to this section, shall
contain the reverter wording contained in subsection (b) of this