GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 239

Short Title:  Community College Property Transfers/AB.   	(Public)

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Sponsors: Representatives Haire, Tolson (Primary Sponsors); Wainwright, Morris, and Russell.

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Referred to:  Ways and Means.

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March 4, 1999

A BILL TO BE ENTITLED
AN ACT TO ALLOW PROPERTY TRANSFERS BETWEEN COMMUNITY COLLEGE BOARDS OF TRUSTEES AND COUNTIES FOR COMMUNITY COLLEGE PURPOSES.
The General Assembly of North Carolina enacts:
Section 1.  Article 8 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A-158.2.  Acquisition and improvement of community college property.
(a)	Acquisition. – A county may acquire, by any lawful method, any interest in real or personal property for use by a community college within the county.  In exercising the power of eminent domain, a county shall use the procedures of Chapter 40A of the General Statutes.
(b)	Construction; Disposition. – A county may construct, equip, expand, improve, renovate, repair, or otherwise make available property for use by a community college within the county and may lease, sell, or otherwise dispose of property for use by a community college within the county for any price and on any terms negotiated by the board of county commissioners and the board of trustees of the community college.
(c)	Public Hearing. – A county may use its authority under this section to acquire an interest in real or personal property for use by a community college within the county only upon request of the board of trustees of the community college for which property is to be made available.  The board of county commissioners shall hold a public hearing prior to final action.  A notice of the public hearing shall be published at least once at least 10 days before the date fixed for the hearing."
Section 2.  Article 2 of Chapter 115D of the General Statutes is amended by adding a new section to read:
"§ 115D-15.1. Disposition, acquisition, and construction of property by community college.
(a)	Disposition. – Notwithstanding the provisions of G.S. 115D-14, 115D-15, and 160A-274, the board of trustees of a community college may, in connection with additions, improvements, renovations, or repairs to all or part of the property, lease, sell, or otherwise dispose of any of its property to the county in which the property is located for any price and on any terms negotiated between the two boards.  The agreement shall require the county to transfer the property back to the community college after the additions, improvements, renovations, and repairs are completed.
(b)	Acquisition and Construction. – Notwithstanding the provisions of G.S. 115D-14 and G.S. 115D-20(3), the board of trustees of a community college may acquire, by any lawful method, any interest in real or personal property for use by the board of trustees from the county in which the community college is located and may contract for the construction, equipping, expansion, improvement, renovation, repair, or otherwise making available for use by the board of trustees of all or part of the property upon any terms negotiated by the two boards.
(c)	Approval. – The actions of a board of trustees of a community college taken pursuant to this section are subject to the approval of the State Board of Community Colleges to the extent this approval is required by law.
(d)	Contract Responsibility. – A county's obligations under a contract entered into by the county on behalf of a community college within the county shall be the responsibility of the county and not the responsibility of the board of trustees of the community college."
Section 3.  This act is effective when it becomes law, and applies to contracts entered into on or after that date.