GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997

SESSION LAW 1998-159
HOUSE BILL 1737

AN ACT TO PROVIDE THAT THE CENTENNIAL CAMPUS AT NORTH CAROLINA STATE UNIVERSITY INCLUDES THE COLLEGE OF VETERINARY MEDICINE, TO CLARIFY THAT THE BOARD OF GOVERNORS HAS THE AUTHORITY TO DESIGNATE THE REAL ESTATE AND APPURTENANT FACILITIES THAT COMPRISE THE CENTENNIAL CAMPUS AT NORTH CAROLINA STATE UNIVERSITY, TO MODIFY THE AUTHORITY OF THE BOARD OF GOVERNORS WITH REGARD TO CERTAIN TYPES OF DISPOSITIONS OF CENTENNIAL CAMPUS PROPERTY, TO EXEMPT CERTAIN REAL ESTATE TRANSACTIONS ON THE CENTENNIAL CAMPUS FROM PAYMENT OF THE STATE LAND SERVICE CHARGE, AND TO LIMIT THE NUMBER OF YEARS STATE PROPERTY CAN BE LEASED TO NINETY-NINE YEARS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 116-36.5 reads as rewritten:
"§ 116-36.5.  Centennial Campus trust fund.
All moneys received through development of the Centennial Campus of North Carolina State University at Raleigh, from whatever source, including the net proceeds from the lease or rental of Centennial Campus real property, shall be placed in a special, continuing, and nonreverting trust fund having the sole and exclusive use for further development of the Centennial Campus, including its operational development.  This fund shall be treated in the manner of institutional trust funds as provided in G.S. 116-36.1.  This fund shall be deemed an additional and alternative method of funding the Centennial Campus and not an exclusive one.  For purposes of this section the term 'Centennial Campus' is defined by G.S. 116-198.33(4).  To the extent that any general, special, or local law is inconsistent with this section, it is declared inapplicable to this section."
Section 2.  G.S. 116-198.33(4) reads as rewritten:
"(4)	The term 'Centennial Campus' means all of the following properties:
a.	The real property and appurtenant facilities bounded by Blue Ridge Road, Hillsborough Street, Wade Avenue, and Interstate 440 that are the sites of the College of Veterinary Medicine, the University Club, and the Agricultural Turf Grass Management Program.
b.	The real property and appurtenant facilities that are the former Dix Hospital properties and other contiguous parcels of property that are adjacent to Centennial Boulevard.
c.	All other real property and appurtenant facilities designated by the Board of Governors as part of the Centennial Campus.  The properties designated by the Board of Governors do not have to be contiguous with the Centennial Campus to be designated as part of that Campus."
Section 3.  G.S. 116-198.34 reads as rewritten: 
"§ 116-198.34.  General powers of Board of Governors.
The Board may exercise any one or more of the following powers:
(1)	To determine the location and character of any project or projects, and to acquire, construct, and provide the same, and to maintain, repair, and operate, and to enter into contracts for the management, lease, use, or operation of all or any portion of any project or projects and any existing facilities.
(2)	To issue revenue bonds as hereinafter provided to pay all or any part of the cost of any project or projects, and to fund or refund the same.
(3)	To fix and revise from time to time and charge and collect rates, fees, rents, and charges for the use of, and for the services furnished by, all or any portion of any project or projects.
(4)	To establish and enforce, and to agree through any resolution or trust agreement authorizing or securing bonds under this Article to make and enforce, rules and regulations for the use of and services rendered by any project or projects and any existing facilities, to provide for the maximum use of any project or projects and any existing facilities.
(5)	To acquire, hold, lease, and dispose of real and personal property in the exercise of its powers and the performance of its duties hereunder and to  lease all or any part of any project or projects and any existing facilities upon such terms and conditions as the Board determines, subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes.
		Notwithstanding G.S. 143-341 and Chapter 146 of the General Statutes, a disposition by easement, lease, or rental agreement of space in any building on the Centennial Campus made for a period of 10 years or less shall not require the approval of the Governor and the Council of State.  All other acquisitions and dispositions made under this subdivision are subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes.
(6)	To employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment in connection with any project or projects and existing facilities, and to fix their compensation.
(7)	To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Article.
(8)	To receive and accept from any federal, State, or other public agency and any private agency, person or other entity donations, loans, grants, aid, or contributions of any money, property, labor, or other things of value for any project or projects, and to agree to apply and use the same in accordance with the terms and conditions under which the same are provided.
(8a)	To designate the real property and appurtenant facilities to be included as part of the Centennial Campus.
(9)	To do all acts and things necessary or convenient to carry out the powers granted by this Article."
Section 4.  G.S. 146-30 is amended by adding a new subsection to read:
"(b1)	Notwithstanding the other provisions of this section, no service charge into the State Land Fund shall be deducted from or levied against the proceeds of any disposition by lease, rental, or easement of State lands that are designated as part of the Centennial Campus as defined by G.S. 116-198.33(4).  All net proceeds of those dispositions are governed by G.S. 116-36.5."
Section 5.  G.S. 146-27 reads as rewritten:
"§ 146-27.  The role of the Department of Administration in sales, leases, and rentals.
(a)	General. – Every sale, lease, rental, or gift of land owned by the State or by any State agency shall be made by the Department of Administration and approved by the Governor and Council of State.  A lease or rental of land owned by the State may not exceed a period of 99 years. The Department of Administration may initiate proceedings for sales, leases, rentals, and gifts of land owned by the State or by any State agency.  
(b)	Large Disposition. – If a proposed disposition is a sale or gift of land with an appraised value of at least twenty-five thousand dollars ($25,000), the sale or gift shall not be made until after consultation with the Joint Legislative Commission on Governmental Operations."
Section 6.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 17th day of September, 1998.
s/	Dennis A. Wicker
President of the Senate

s/	Harold J. Brubaker
Speaker of the House of Representatives

s/	James B. Hunt, Jr.
Governor

Approved 5:25 p.m. this 28th day of September, 1998