Bill Summary for S 638 (2015-2016)

Summary date: 

Mar 30 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 638 (Public) Filed Thursday, March 26, 2015
AN ACT TO PROVIDE THAT THE BOARD OF GOVERNORS OR THE PRESIDENT OF THE UNIVERSITY OF NORTH CAROLINA MAY ENGAGE PRIVATE LEGAL COUNSEL AND RESOLVE LITIGATION CONCERNING THE UNIVERSITY SYSTEM WITH THE CONCURRENCE OF THE ATTORNEY GENERAL, TO AUTHORIZE THE PRESIDENT OF THE UNIVERSITY SYSTEM TO CREATE SELF-INSURANCE TRUSTS OR A COMBINATION OF INSURANCE AND SELF-INSURANCE TRUSTS FOR THE UNIVERSITY SYSTEM, AND TO MAKE VARIOUS BUDGETARY AMENDMENTS THAT PROVIDE THE UNIVERSITY SYSTEM GREATER FLEXIBILITY REGARDING THE USE OF ITS STATE FUNDS.
Intro. by Tarte, Stein.

View: All Summaries for BillTracking:

Bill summary

Part I.

Amends GS 116-11 to allow the UNC Board of Governors (Board) or UNC President (President) to engage the services of and fix the compensation for private counsel with pertinent expertise in any matter in which the University of North Carolina or one or more of the constituent institutions is interested, if the Attorney General concurs that UNC would benefit from the assistance of private counsel. Allows the President to enter into such agreements with the Attorney General as may be necessary or appropriate to the representation of the University's interests in litigation. Requires that private counsel engaged under this provision be paid from the existing resources of The University of North Carolina, and requires the President to annually report the costs of engagements of private counsel to the Board.

Part II.

Amends GS 116-13.1 to allow the Board to approve the expenditure of available operating funds for projects that are of a type listed in G.S. 143C‑4‑3(b) (which provides that  funds in the Repairs and Renovations Reserve allocated to the UNC Board of Governors or to the Office of State Budget and Management may be allocated or reallocated by those agencies for repairs and renovations projects so long as all of the specified conditions are met) and that are for state facilities and related infrastructure supported from the General Fund. 

Part III. 

Amends GS 116-30.3 to increase the amount of the reversions that may be carried forward by UNC from 2.5% to 5% of the General Fund appropriation in that budget code. Provides that any funds carried forward above 2.5% may be used to support one time expenditures for building repairs and renovations, equipment upgrades, matching and leveraging private funds to support the Distinguished Professorship program, and implementing energy savings projects and other management efficiency initiatives. Amends GS 116-36.1(g) to also include moneys received under GS 116-30.3 as "trust funds." 

Part IV.

Amends GS 116-36.1(b) to also include moneys collected by an institution as tuition for self-supporting instructional programs previously approved by the Board as "trust funds."

Part V.

Enacts new GS 116D-26.1 applicable to special obligation bonds issued by the Board where (1) in the bond resolution or trust agreement authorizing or securing such bonds and at the time of issuance of the bonds, the Board has expressly and irrevocably elected to have the provisions of this section apply and (2) the debt service schedule for such bonds has been received by the Director of the Budget. Provides that whenever the paying agent for the bonds has not received payment of principal of or interest on bonds to which this section applies 15 days immediately before the date on which the payment is due, the paying agent must notify the Director of the Budget and the Board of the payment status. Specifies actions to be taken when the Board indicates that the institution will not make the payment by the due date. Includes provisions for when the Director of the Budget must make payments on behalf of the Board.

Part VI.

Amends GS 116-11 to allow the Board to authorize the President to create self-insurance trusts or a combination of insurance and self-insurance trusts. Makes conforming changes. Makes conforming changes to GS 58-31-55. Applies to purchases of insurance by the University on or after July 1, 2015.

Part VII.

Repeals GS 143C-1-5, which made the University of North Carolina subject to the provisions of this State Budget Act in the same manner and to the same degree as other state agencies.

Amends GS 143C-3-3 to require the Board to prepare a unified budget request for all of the constituent institutions including repairs and renovation, capital fund requests, and information technology requests. Exempts the University from the provisions of (e) concerning information technology requests. Makes conforming changes to GS 143C-3-5.

Effective July 1, 2015.

© 2022 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view