Bill Summary for H 241 (2019-2020)

Summary date: 

Mar 11 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 241 (Public) Filed Thursday, February 28, 2019
AN ACT TO ENACT THE EDUCATION BOND ACT OF 2019.
Intro. by Moore, Johnson, Elmore, Horn.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Modifies the defined terms capital outlay project for a constituent institution and community college capital outlay project to more specifically include the construction, acquisition, and installation of technology infrastructure at or in support of a UNC constituent institution and  community college (was, the building of technology infrastructure). Makes other clarifying and organizational changes to the two terms. Makes clarifying and technical changes to the definition of cost and expands the term to include costs incurred by the State in administering the bond issues, including costs of trustees, escrow agents, arbitrage rebate liability consultants, securities disclosure counsel or similar consultants, tax consultants and financial advisors, to the extent and as determined by the State Treasurer. Makes technical changes to the term par formula. Modifies the defined term public school capital outlay project to more specifically include the construction, acquisition, and installation of technology infrastructure for a public school building (was, the building of technology infrastructure). Makes further clarifying and organizational changes to the term.

Makes technical changes to refer to the act rather than the section throughout the act. 

Makes technical corrections to the total amounts set forth in Section 1.(e) of the act which may be granted to counties for paying the cost of public school capital outlay projects.

Adds to the special allocation provisions concerning bond proceeds allocated for public school capital outlay projects. Now requires the State Board of Education (State Board) to determine the public school capital outlay projects to be financed with the bond proceeds based upon the act's criteria and upon application by the county in which the project is to be located or that will otherwise be served by the project. Makes clarifying, technical, and organizational changes to the local match provisions for public school capital outlay projects which are allocated bond proceeds. Adds a new provision directing the State Board to require counties to report annually on the impact of funds provided under the act on the property tax for that year. Specifies the reports are public documents and must be furnished to any citizen upon request. Further amends the special allocation provisions concerning bond proceeds allocated for public school capital outlay projects, providing that the General Assembly encourages consideration by counties and local school administrative units of projects that primarily involve materially improving the energy efficiency of the school facility (previously, directed the State Board to give consideration to those projects). 

Adds to the special allocation provisions concerning bond proceeds allocated for outlay projects for a constituent institution. Now requires the UNC Board of Governors (BOG) to determine the capital outlay projects for constituent institutions to be financed with the bond proceeds based upon the act's criteria and upon application by the county in which the project is to be located or that will otherwise be served by the project. Amends further to make clarifying changes. 

Adds to the special allocation provisions concerning bond proceeds allocated for outlay projects for a community college. Now requires the Community Colleges System Office to determine the capital outlay projects for community colleges to be financed with the bond proceeds based upon the act's criteria and upon application by the county in which the project is to be located or that will otherwise be served by the project. Amends further to make clarifying changes. Specifies that no funds are required to match bond proceeds allocated in the act for the enterprise resource planning information technology (ERP system) project.

Amends the bond question ballot language to now describe the bond's purpose as funding capital improvements, construction of new facilities, and the renovation and rehabilitation of existing facilities for the State's public education system in local school administrative units, community colleges in the NC Community College System, and constituent institutions of UNC (previously, separated the different capital outlay projects and set out their respective total allocations by the act).

Modifies the broad construction directive concerning the act's interpretation, providing that the General Assembly finds the projects identified under the act to constitute an interrelated, united, and single plan for the State's public education system (was, for the State's infrastructure) when taken together.

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