CHAPTER 194
HB 1223-FN – FINAL VERSION
07Mar2006… 0753h
04/20/06 1815s
2006 SESSION
06/10
HOUSE BILL 1223-FN
AN ACT relative to the use of real estate brokers by the department of transportation.
SPONSORS: Rep. D. Campbell, Hills 24; Rep. Graham, Hills 18; Sen. D’Allesandro, Dist 20
COMMITTEE: Public Works and Highways
This bill requires the department of transportation to use licensed real estate professionals in the sale of certain real estate.
This bill requires the department of transportation to deposit the proceeds from such sale in the fund originally used to obtain the property.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 0753h
04/20/06 1815s
06-2579
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the use of real estate brokers by the department of transportation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
194:1 Intent. The intent of this act is to require the department of transportation to contract with licensed real estate professionals to sell excess property owned by the department. The proceeds from the sale of the properties will be deposited into either the highway fund or the turnpike fund, depending on which fund was used to obtain the property.
194:2 Use of Real Estate Professionals in the Disposal of Highway and Turnpike Funded Real Estate. Amend RSA 228:31-b, I-III by replacing them with the following:
I. For purposes of this section:
(a) “Professional real estate services” means those professional services of licensed real estate professionals, as well as incidental services that members of the profession and those in their employ may logically and justifiably perform. These services shall include at a minimum a market analysis based on the highest and best use of all excess property being sold.
(b) “Licensed real estate professional” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the real estate profession in this state under RSA 331-A.
II. The general court hereby declares that it shall be the policy of the department of transportation to negotiate contracts for professional real estate services on the basis of demonstrated competence and qualifications for the type of professional services required, and at fair and reasonable prices, to sell surplus [commercial and industrial] property obtained with funds derived from the highway fund or the turnpike fund.
III. The department shall publish a request for qualifications for professional real estate services to be procured. The department shall select licensed real estate professionals who have demonstrated competence and qualifications to market and sell highway and turnpike funded surplus [commercial and industrial] property.
194:3 Disposal of Highway and Turnpike Funded Real Estate. Amend RSA 228:31-b, VIII-X by replacing them with the following:
VIII. All requests for disposal of surplus [commercial and industrial] property owned by the department of transportation shall be reviewed and approved by the long range capital planning and utilization committee prior to submission to the governor and council for approval.
IX. The sale of surplus [commercial and industrial] property owned by the department which was purchased with highway or turnpike fund money shall be exempt from review by the council on resources and development under RSA 162-C.
X. All proceeds from sales of surplus [commercial and industrial] property owned by the department shall be deposited in the fund from which they originated.
194:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 30, 2006
Effective: July 29, 2006