Bill Summary for S 334 (2013-2014)

Summary date: 

May 22 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 334 (Public) Filed Thursday, March 14, 2013
A BILL TO BE ENTITLED AN ACT TO REESTABLISH THE STATUS QUO ANTE WITH REGARD TO THE DOROTHEA DIX PROPERTY IN ORDER TO ALLOW A TRANSACTION THAT REPRESENTS THE STATE'S NECESSITY OF HOUSING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RALEIGH'S GOAL OF CREATING A WORLD CLASS DESTINATION PARK, THE MENTAL HEALTH COMMUNITY'S NEED FOR APPROPRIATE SERVICES, AND THE PEOPLE OF NORTH CAROLINA'S RIGHT TO A FAIR RETURN ON INVESTMENT.
Intro. by Hise, Pate, Tucker.

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Bill summary

House committee substitute to the 3rd edition makes the following changes. Deletes the provisions of the 3rd edition and provides instead as follows. Sets out whereas clauses and states legislative findings concerning the general background of the Dorothea Dix Property, the valuation of the property, related statutory requirements, chronology of events, consequences of failure to provide material details of the lease, consequences of failure to provide required time for consultation, and ultra vires actions (actions done without legal authority).

Voids the lease of the Dorothea Dix Property (Property) to Raleigh and requires the refund of any payments made under the lease while also releasing Raleigh from any obligation to the state under the lease. Directs Raleigh to terminate the lease, when the section becomes effective, and notify the Governor of the termination. Also requires the Governor to notify Raleigh that the state terminates the lease when the section becomes effective. These provisions are effective April 1, 2014.

Requires the Department of Administration (DOA) and the Department of Health and Human Services (DHHS) to jointly evaluate the recommended uses of the Property identified in the 2007 State Government Facilities Master Plan and requires DOT to evaluate whether implementation of any portion of Section 8 of that Plan would be facilitated by changing the use for adjacent state property. Requires a report to the General Assembly by March 15, 2014. Provides that if DOT determines it is in the state's best interest to dispose of a portion of the Property for use as a public park, it may do so. Allows DOA to reserve certain portions of the Property and include adjacent state property if DOA determines it is appropriate. Gives Raleigh the right of first refusal. Requires a deposition of the property to reserve to the state that portion of the Property that is necessary to house DHHS operations and requires adequate time and access to the property and records for due diligence, obtaining appraisals, and making appropriate inquiries. States the General Assembly's intent that proceeds from and disposition of the Property be held in a special fund to be appropriated for mental health purposes.

Includes a severability clause.

Unless otherwise indicated, effective when the act becomes law.

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