GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 800

Short Title:  New Educ. Bldg. Space Allocation.	(Public)
─────────────────────────────────────── 
Sponsors: Senator Raynor.
─────────────────────────────────────── 
Referred to:  State Personnel and State Government.
─────────────────────────────────────── 

April 24, 1991

A BILL TO BE ENTITLED
AN ACT REGARDING THE ALLOCATION OF SPACE IN THE NEW EDUCATION BUILDING.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-341(4) reads as rewritten:
"(4)	Real Property Control:
a.	To prepare and keep current a complete and accurate inventory of all land owned or leased by the State or by any State agency. This inventory shall show the location, acreage, description, source of title and current use of all land (including swamplands or marshlands) owned by the State or by any State agency, and the agency to which each tract is currently allocated. Surveys may be made where necessary to obtain information for the purposes of this inventory. Accurate plats or maps of all such land may be prepared, or copies obtained where such maps or plats are available.
b.	To prepare and keep current a complete and accurate inventory of all buildings owned or leased (in whole or in part) by the State or by any State agency. This inventory shall show the location, amount of floor space and floor plans of every building owned or leased by the State or by any State agency, and the agency to which each building, or space therein, is currently allocated. Floor plans of every such building shall be prepared or copies obtained where such floor plans are available, where needed for use in the allocation of space therein.
c.	To obtain and deposit with the Secretary of State the originals of all deeds and other conveyances of real property to the State or to any State agency, copies of all leases wherein the State or any State agency is lessor or lessee, and certified copies of wills, judgments, and other instruments whereby the State or any State agency has acquired title to real property. Where an original of a deed, lease, or other instrument cannot be found, but has been recorded in the registry of office of the clerk of superior court of any county, a certified copy of such deed, conveyance, or instrument shall be obtained and deposited with the Secretary of State.
d.	To acquire, whether by purchase, exercise of the power of eminent domain, lease, or rental, all land, buildings, and space in buildings for all State agencies, subject to the approval of the Governor and Council of State in each instance. The Governor, acting with the approval of the Council of State, may adopt rules (i) exempting from any or all of the requirements of this paragraph such classes of lease, rental, easement, and right-of-way transactions as he deems advisable; and (ii) authorizing any State agency to enter into and/or approve the classes of transactions thus exempted from the requirements of this paragraph; and (iii) delegating to any other State agency the authority to approve the severance of buildings and standing timber from State lands; upon such approval of severance, the buildings and timber so affected shall be treated, for the purposes of this Chapter, as personal property. Any contract entered into or any proceeding instituted contrary to the provisions of this paragraph is voidable in the discretion of the Governor and Council of State.
d1.	To require all State departments, institutions, and agencies to use State-owned office space instead of negotiating or renegotiating leases for rental of office space. Any lease entered into contrary to the provisions of this paragraph is voidable in the discretion of the Governor and the Council of State.
	The Department of Administration shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division no later that May 1 of each year on leased office space.
e.	To make all sales of real property (including marshlands or swamplands) owned by the State or by any State agency, with the approval of the Governor and Council of State in each instance. All conveyances in fee by the State shall be executed in accordance with the provisions of G.S. 146-74 through G.S. 146-78. Any conveyance of land made or contract to convey land entered into without the approval of the Governor and Council of State is voidable in the discretion of the Governor and Council of State. The proceeds of all sales of swamplands or marshlands shall be dealt with in the manner required by the Constitution and statutes.
f.	With the approval of the Governor and Council of State, to make all leases and rentals of land or buildings owned by the State or by any State agency, and to sublease land or buildings leased by the State or by any State agency from another owner, where such land or building owned or leased by the State or by any State agency is not needed for current use. The Governor, acting with the approval of the Council of State, may adopt rules (i) exempting from any or all of the requirements of this paragraph such classes of lease or rental transactions as he deems advisable; and (ii) authorizing any State agency to enter into and/or approve the classes of transactions thus exempted from the requirements of this paragraph; and (iii) delegating to any other State agency the authority to approve the severance of buildings and standing timber from State lands; upon such approval of severance, the buildings and timber so affected shall be treated, for the purposes of this Chapter, as personal property. Any lease or rental agreement entered into contrary to the provisions of this paragraph is voidable in the discretion of the Governor and Council of State.
g.	To allocate and reallocate land, buildings, and space in buildings to the several State agencies, in accordance with rules adopted by the Governor with the approval of the Council of State; provided that if the proposed reallocation is of land with an appraised value of at least twenty-five thousand dollars ($25,000), the reallocation may only be made after consultation with the Joint Legislative Commission on Governmental Operations.  The authority granted in this paragraph shall not apply to the State Legislative Building and grounds, to the Legislative Office Building and grounds, or to the State office building on the northwest corner of Wilmington and Lane streets, which is commonly known as the New Education Building, and grounds.
h.	To require any State agency to make reports regarding the land and buildings owned by it or allocated to it at such times and in such form as the Department may deem necessary.
i.	To determine whether all deeds, judgments, and other instruments whereby title to real estate has been or may be acquired by the State or by any State agency have been properly recorded in the county wherein the real property is situated, and to make or cause to be made proper recordation of such instruments. The Department may have previously recorded instruments which conveyed title to or from the State or any State agency or officer reindexed, where necessary, to show the State of North Carolina or grantor or grantee, as the case may be, and the cost of such reindexing shall be paid from the State Land Fund.
j.	To call upon the Attorney General for advice and assistance in the performance of any of the foregoing duties.
k.	None of the provisions of this subdivision apply to highway or railroad rights-of-way or other interests or estates in land held for the same or similar purposes, or to the acquisition or disposition of such rights-of-way, interests, or estates in land.
l.	To manage and control the vacant and unappropriated lands, swamplands, lands acquired by the State by virtue of being sold for taxes, and submerged lands of the State, pursuant to Chapter 146 of the General Statutes.
m.	To contract for or approve all contracts for all appraisals and surveys of real property for all State agencies; provided, however, this provision shall not apply to appraisals and surveys obtained in connection with the acquisition of highway rights-of-way, borrow pits, or other interests or estates in land acquired for the same or similar purposes, or to the disposition thereof, by the Board of Transportation.
n.	To petition for the annexation of State-owned lands into any municipality."
Sec. 2.  G.S. 120-32.1 reads as rewritten:
"§ 120-32.1. Use and maintenance of buildings and grounds.
(a)	The Legislative Services Commission shall determine policy governing the use of the State Legislative Building, the Legislative Office Building, and the State office building on the northwest corner of Wilmington and Lane streets, which is commonly known as the New Education Building.  The Commission shall allocate space within those buildings and the grounds encompassed by Jones, Wilmington, Lane and Salisbury streets; be responsible for the maintenance, security, control and care of those buildings and promulgate rules and regulations governing the use of those buildings and their facilities. The Commission may delegate the actual work of maintenance of those buildings to the Department of Administration, which shall provide such maintenance services as may be delegated, subject to the direction of the Commission.
(b)	The rules and regulations promulgated by the Legislative Services Commission under the authority of this section shall be posted in a conspicuous place in the State Legislative Building, the Legislative Office Building, and the State office building on the northwest corner of Wilmington and Lane streets, which is commonly known as the New Education Building, and a copy of the rules and regulations and all amendments thereto, certified by the chairman of the Legislative Services Commission, shall be filed in the office of the Secretary of State and in the office of the Clerk of the Superior Court of Wake County. When so posted and filed, these rules and regulations shall constitute notice to all persons of the existence and text of the rules and regulations. Any person, whether on his own behalf or for another, or acting as an agent or representative of any person, firm, corporation, partnership or association, who knowingly violates any of the rules or regulations promulgated, posted and filed under the authority of this section is guilty of a misdemeanor, and upon conviction or a plea of guilty shall be punished by a fine or imprisonment in the discretion of the court, or by both such fine and imprisonment. Any person, firm, corporation, partnership or association who combines, confederates, conspires, aids, abets, solicits, urges, instigates, counsels, advises, encourages or procures another or others to knowingly violate any of the rules and regulations promulgated, posted and filed under the authority of this  section is guilty of a misdemeanor and upon conviction or a plea of guilty shall be punished by a fine or imprisonment in the discretion of the court, or by both such fine and imprisonment.
(c)	When the General Assembly is in regular or extra session, the Legislative Services Commission shall have exclusive authority to assign parking space in the State Legislative Building and upon its grounds, as ‘grounds' is defined in G.S. 120-32.2, and the State Legislative Building security force shall have exclusive authority and responsibility for enforcing the parking rules and regulations of the Legislative Services Commission. The Legislative Services Commission may cause to be removed at the owner's expense any vehicle parked in the State Legislative Building or on its grounds in violation of the rules and regulations of the Legislative Services Commission, and during regular or extra sessions of the General Assembly may cause to be removed any vehicle parked in any State-owned parking space leased to an employee of the General Assembly where the vehicle is parked without the consent of the employee to whom the space is leased."
Sec. 3.  G.S. 120-32.2 reads as rewritten:
"§ 120-32.2. State Legislative Building special police.
All members of the State Legislative Building security force employed by the Legislative Services Office are special policemen, and within the State Legislative Building and upon its grounds they shall have all the powers of policemen of incorporated towns.
As used in this section, ‘grounds' means the area between the outer walls of the State Legislative Building and the near curbline of those sections of Jones, Wilmington, Lane and Salisbury streets which border the land on which the State Legislative Building is situated. When the General Assembly is in regular or extra session, the term ‘grounds' also includes the surface to the far curbline of those sections of Jones, Wilmington, Lane and Salisbury streets which border the land on which the State Legislative Building is situated and any State-owned parking lot which is leased to the General Assembly while the General Assembly is in session.
The jurisdiction of the State Legislative Building security force shall also include (i)	the Legislative Office Building and the area between the outer walls of that building and the near curbline of those sections of Lane and Salisbury streets that border the land on which the building is located and (ii) the State office building on the northwest corner of Wilmington and Lane streets, which is commonly known as the New Education Building, and the area between the outer walls of that building and the near curbline of those sections of Wilmington and Lane streets that border the land on which the building is located."
Sec. 4.  G.S. 143-340(17) reads as rewritten:
"(17)	To provide such maintenance services for the State Legislative Building, the Legislative Office Building, and the State office building on the northwest corner of Wilmington and Lane streets, which is commonly known as the New Education Building, as are delegated to the Department of Administration by the Legislative Services Commission, pursuant to G.S. 120-32.1(a)."
Sec. 5.  This act is effective upon ratification.