WEST virginia legislature
2018 regular session
House Bill 4236
By Delegates Nelson, Hanshaw and Shott
(By Request of the Department of Administration)
[Introduced January 22, 2018;
to the Committee on Government Organization.]
A BILL to amend and reenact §5A-10-9 of the Code of West Virginia, 1931, as amended, relating to requiring agencies to provide an annual inventory of real property holdings to the Real Estate Division; removing the exemption of certain agencies from reporting property holdings to the Real Estate Division; clarifying the information to be reported annually by agencies; and requiring an annual report by the Real Estate Division to the Governor and Legislature.
Be it enacted by the Legislature of West Virginia:
article 10. real estate division.
§5A-10-9. Real property accounting and records.
(a) All real property owned or leased by the state shall be accounted for by the state spending unit that owns, leases or is in the possession of the real property.
(b) Each state spending unit shall establish and maintain a record of each item of real property it owns and/or leases and annually furnish its records to the Real Estate Division.
(c) The accounting and
reporting requirements of this section, except as to office space, do not apply
to: (1) The Division of
Highways of the Department of Transportation; (2) Public lands, rivers
and streams acquired, managed or which title is vested in or transferred to the
Division of Natural Resources of the Department of Commerce, pursuant to
section seven, article one, chapter twenty of this code and section two,
article five of said chapter; (3) The Higher Education
Policy Commission; (4) The West Virginia
Council for Community and Technical College Education; (5) The institutional
boards of governors in accordance with the provisions of subsection (v),
section four, article five, chapter eighteen-b of this code; or (6) The Adjutant
General’s Department and the West Virginia National Guard
(c) Beginning July 1, 2019, and every year thereafter, the Real Estate Division shall report to the Governor and Joint Committee on Government and Finance those agencies that have not provided an annual record pursuant to subsection (b).
(d) With regard to public lands that may be by law specifically allocated to and used by any state agency, institution, division or department, such agency, institution, division or department shall provide an inventory of such public land(s) to the Public Land Corporation in accordance with the provisions of §5A-11-1, et seq. of this code.
(e) The records furnished
to the Real Estate Division shall include
the following information, if
applicable a description of each item of real property including
address, lot number, and if available, the following identifying information: (A) A reference to a
book, page and/or image number from the county records in a particular county;
or (B) A legal description (2) (1) The
date of purchase and the purchase price of the real property; (3) (2) If the
state is leasing real property, the date of lease and the rental costs of
the real property; (4) (3) The
name of the state spending unit holding title to the real property for the
state; (5) (4) A
description of the current uses of the real property and the projected future
use of the real property; and (6) (5) A
description of each building or other improvement located on the real property. (f) If the description
of real property required under this section is excessively voluminous, the
Real Estate Division may direct the spending unit in possession of the real
property to furnish the description only in summary form, as agreed to by the
division and the spending unit
NOTE: The purpose of this bill is to remove the exemption of reporting real property by certain agencies to the Real Estate Division, streamline the data reported by agencies, and allow for a report to the Governor and Legislature those agencies that fail to meet reporting requirements.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.