STATE AGENCY PROPERTY USE/BIENNIAL REPORT.

View NCGA Bill Details2013-2014 Session
House Bill 13 (Public) Filed Wednesday, January 30, 2013
AN ACT TO (1) REQUIRE STATE AGENCIES TO BIENNIALLY REPORT TO THE DEPARTMENT OF ADMINISTRATION AND TO THE PROGRAM EVALUATION DIVISION ON THEIR USE OF REAL PROPERTY; (2) REQUIRE STATE AGENCIES TO REPORT ANNUALLY THE AMOUNT OF REVENUE GENERATED DURING THE PREVIOUS CALENDAR YEAR FROM THE LEASING OF SPACE ON AGENCY PROPERTY; (3) IMPROVE THE OVERSIGHT AND MANAGEMENT OF STATE-OWNED SUBMERGED LANDS, INCLUDING INITIATING A PROCESS TO INVENTORY CLAIMS ON STATE-OWNED SUBMERGED LANDS; AND (4) CLARIFY THE INFORMATION THAT MUST BE PROVIDED TO THE STATE BUREAU OF INVESTIGATION CONCERNING MISUSE OF STATE PROPERTY.
Intro. by Howard, W. Brawley, Moffitt, Wray.

Status: Conferee Added (House Action) (Jun 5 2013)

SOG comments (2):

Long title change

Senate committee substitute to the 2nd edition amends the act's long title. The original title was: A BILL TO BE ENTITLED AN ACT TO REQUIRE STATE AGENCIES TO BIENNIALLY REPORT TO THE DEPARTMENT OF ADMINISTRATION AND TO THE PROGRAM EVALUATION DIVISION ON THEIR USE OF REAL PROPERTY; AND TO REQUIRE THE DEPARTMENT OF PUBLIC INSTRUCTION TO REPORT ANNUALLY ON THE AMOUNT OF REVENUE GENERATED THROUGH LEASING SPACE ON RESIDENTIAL SCHOOL CAMPUSES, AS RECOMMENDED BY THE SURPLUS PROPERTY SUBCOMMITTEE OF THE HOUSE SELECT COMMITTEE ON STATE-OWNED ASSETS.

Long title change.

Senate amendment changes the long title.  The previous long title is as follows:

A BILL TO BE ENTITLED AN ACT TO REQUIRE STATE AGENCIES TO BIENNIALLY REPORT TO THE DEPARTMENT OF ADMINISTRATION AND TO THE PROGRAM EVALUATION DIVISION ON THEIR USE OF REAL PROPERTY, AND TO REQUIRE STATE AGENCIES TO REPORT ANNUALLY THE AMOUNT OF REVENUE GENERATED DURING THE PREVIOUS CALENDAR YEAR FROM THE LEASING OF SPACE ON AGENCY PROPERTY.

Bill History:

H 13

Bill Summaries:

  • Summary date: May 21 2013 - More information

    Senate amendment makes the following changes to the 3rd edition.

    Changes the long title.

    Directs the Department of Administration (DOA) to modify the existing state property database, no later than April 15, 2014, to provide for a field which indicates whether an item includes submerged land, and report to the Joint Legislative Commission on Governmental Operations on the modification.

    Provides that no structures can be placed on state-owned submerged lands after the effective date of this act without an easement from the DOA. The easements are required to be recorded in the database field added above. Directs the DOA to adopt rules that specify the process for obtaining utility easements on submerged lands no later than April 15, 2014, with a report to the Joint Legislative Commission on Governmental Operations regarding the new rules no later than April 15, 2014, as well.

    Directs the DOA to develop and implement procedures in conjunction with DENR for implementing GS 146-8, regarding the disposition of mineral deposits in state lands under water. Implementation and a report to the Joint Legislative Commission on Governmental Operations regarding the implementation process must occur no later than April 15, 2014.

    Enacts new GS 146-20.2, Non-coastal submerged lands inventory, providing that DENR, Division of Water Resources, in conjunction with DOA and the Office of the Attorney General, will inventory all state-owned submerged lands in non-coastal counties in order to determine the validity of the claims submitted under this section. Provides that in evaluating claims, public ownership and public trust rights of submerged lands are to be favored.

    Provides that any person claiming an interest in any part of the bed lying under navigable waters of any non-coastal county of North Carolina or a right of fishery in navigable waters of any non-coastal county superior to that of the general public must register the grant, charter, or other authorization for the claim with the Division of Water Resources. Specifies claims processes and procedures. Declares all rights and titles not registered by December 31, 2015, as null and void. Requires an annual report to be submitted, on or before September 1 of each year, by DENR, Division of Water Resources, to the Joint Legislative Commission on Governmental Operations and sets out five requirements of the report, including that it must report the total number of new claims registered and the number of unresolved claims.

    Amends GS 114-15.1, Department heads to report possible violations of criminal statutes involving misuse of State property to State Bureau of Investigation, providing that information concerning damage or loss resulting from motor vehicle accidents or unintentional loss of property is exempt from the reporting requirements of subsection (a). Makes clarifying changes in regards to investigations conducted pursuant to this section. Makes organizational changes.


  • Summary date: Apr 30 2013 - More information

    Senate committee substitute to the 2nd edition amends the act's long title.


  • Summary date: Feb 19 2013 - More information

    House Amendment #2 makes the following changes to the 1st edition, as amended.

    Requires each state agency to report annually on or before February 1, the amount of revenue generated from leasing space on property owned by or allocated to the state agency during the previous year, to the Chairs of the House Appropriations Committee, the Chairs of the Senate Appropriations/ Base Budget Committee, and the Fiscal Research Division of the General Assembly (was, required the Department of Public Instruction to report on the revenue generated by DPI's leasing of space on residential school campuses during the previous year).


  • Summary date: Feb 14 2013 - More information

    House Amendment #1 makes the following change to the 1st edition.

    Provides that designating a piece of real property as surplus property under the provisions of new GS 143-753 does not affect whether the provisions of GS Chapter 146 (State Lands)apply to the disposition of that real property.


  • Summary date: Jan 30 2013 - More information

    Enacts new Article 80, Reporting on State Agency Use of Real Property, in GS Chapter 143. Requires each state agency that owns, leases, or otherwise has real property allocated to it to analyze the use of the real property every two years to determine if the real property is unused or underutilized property.

    Directs each state agency to report biennially on its use of real property to the Department of Administration (DOA) and the Program Evaluation and Fiscal Research Divisions of the General Assembly on or before September 1 of each even-numbered year. Specifies content that must be included in each agency's biennial report. Provides criteria for designating certain unused and underutilized property as surplus property.

    Directs the DOA, upon request, to provide property records to assist a state agency in complying with new Article 80 in GS Chapter 143.

    Requires the Department of Public Instruction (DPI) to report annually on or before February 1 the revenue generated from the lease of space on DPI's residential school campuses during the previous year to the Chairs of the House Appropriations Committee, the Chairs of the Senate Appropriations/Base Budget Committee, and the Fiscal Research Division of the General Assembly.

    Defines terms as they are used in proposed Article 80. Defines real property to exclude right-of-way property allocated to the Department of Transportation.

    Amends GS 143C-8-4 to provide that the biennial reports required from each state agency must be submitted on or before September 1 of each even-numbered year  to the Office of State Budget and Management and the Division of Fiscal Research.


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