Bill Text - HB1230 (2012)

Requiring a listing of state real property.


Revision: May 3, 2012, midnight

HB 1230-FN – AS AMENDED BY THE SENATE

7Mar2012… 0726h

04/25/12 1765s

2012 SESSION

12-2306

05/01

HOUSE BILL 1230-FN

AN ACT requiring a report of real property owned or leased by the state and relative to New Hampshire hospital real estate.

SPONSORS: Rep. Graham, Hills 18; Rep. E. Smith, Ches 4; Rep. Bouchard, Merr 11; Sen. Gallus, Dist 1; Sen. D'Allesandro, Dist 20

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill requires state agencies to make an annual report of all real property owned or leased by the agency. The bill also exempts certain land near the New Hampshire hospital campus from otherwise applicable limitations on the acquisition and sale of real estate for state institutions.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2012… 0726h

04/25/12 1765s

12-2306

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT requiring a report of real property owned or leased by the state and relative to New Hampshire hospital real estate.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Powers of the Governor and Council; Acquisition and Disposal of Real Property; Agency Reporting Requirement. Amend RSA 4 by inserting after section 39-d the following new section:

4:39-e Real Property Owned or Leased by State Agencies; Reporting Requirement.

I. On or before July 1, 2013, and biennially thereafter, each state agency, as defined in RSA 21-G:5, III, shall make a report identifying all real property owned or leased by the agency. For each parcel owned by the agency, the report shall include any reversion provisions, conservation or other easements, lease arrangements with third parties, and any other agreement that may affect the future sale of the property. For each parcel leased by the agency, the report shall include the lease term.

II. Each state agency shall file the report with the governor, the senate president, the speaker of the house of representatives, the chairperson of the senate capital budget committee, the chairperson of the house public works and highway committee, the chairperson of the long range capital planning and utilization committee established in RSA 17-M:1, and the commissioner of the department of administrative services.

III. The commissioner of the department of administrative services shall develop a standard format for agencies to use in submitting the report required under this section. The form of the report shall not be considered a rule subject to the provisions of RSA 541-A.

2 New Hampshire Hospital Real Estate. Amend RSA 4:39-a to read as follows:

4:39-a New Hampshire Hospital Real Estate. The area in the city of Concord bounded by Pleasant, Fruit, Clinton, and South Spring streets, excluding any privately owned land and buildings, and also excluding the 2 stand-alone parcels known presently as city of Concord tax map 37, block 6, lots 17 and 19 together with the buildings and other improvements situated on such parcels, and known as the main campus of the New Hampshire hospital shall remain in its entirety the property of the state of New Hampshire, except such land as determined necessary for use by the city of Concord for approved municipal services may be conveyed in accordance with RSA 10:4 unless RSA 227-C:6 applies. If RSA 227-C:6 applies, such land shall be conveyed in accordance with RSA 227-C:9. The commissioner of administrative services, with the approval of the long range capital planning and utilization committee, shall designate the use of and be responsible for maintaining, with the exception of the interior maintenance and maintenance of grounds of certain properties pursuant to RSA 21-I:11, X, and leasing any buildings on the main campus of the New Hampshire hospital in accordance with the following priorities: (1) department of health and human services and its lessees, (2) state departments, and (3) other government or nonprofit organizations performing a state-related function. RSA 10 shall not apply to the 2 stand-alone parcels known presently as city of Concord tax map 37, block 6, lots 17 and 19 or any building or other improvements situated on such parcels, and any proposed disposal of either or both of such parcels shall be subject to the provisions of RSA 4:40.

3 Effective Date. This act shall take effect upon its passage.

LBAO

12-2306

Amended 05/03/12

HB 1230 FISCAL NOTE

AN ACT requiring a report of real property owned of leased by the state and relative to New Hampshire hospital real estate.

FISCAL IMPACT:

      The Department of Administrative Services states this bill, as amended by the Senate (Amendment #2012-1765s), will increase state general fund revenues by $175,000 and increase state general fund expenditures by an indeterminable amount in FY 2013. There will be no impact on state revenues, or county and local revenues or expenditures.

METHODOLOGY:

    The Department of Administrative Services states this bill creates additional biennial reporting obligations for state agencies beyond the current annual reporting of data for the State Owned Real Property Report. The Department states there could be additional administrative costs for agencies as a result of soliciting, acquiring, and reporting of the additional data required by this bill. The Department states total costs are indeterminable as costs may vary by agency.

    The Department of Administrative Services states this bill enables the State to dispose of two separate properties on the State Hospital grounds in Concord. The Department assumes the two properties will be sold in FY 2013 for their appraised values of $100,000 and $75,000, respectively. The Department states there would be a 5% brokerage fee incurred for the sale of each property of $5,000 and $3,750, respectively. In total the Department estimates a state general fund revenue increase of $175,000, and a state general fund expenditure increase of $8,750 in FY 2013.