GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1853*

Short Title:  UNC Nonappropriated Capital/Rev. Bonds.  	(Public)

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Sponsors: Representatives Miller; and Hurley.

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Referred to:  Appropriations.

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May 30, 2000

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE CONSTRUCTION AND THE FINANCING, WITHOUT APPROPRIATIONS FROM THE GENERAL FUND, OF CERTAIN  CAPITAL IMPROVEMENTS PROJECTS OF THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA AND TO AMEND THE LAWS REGARDING CERTAIN REVENUE BONDS THAT MAY BE ISSUED BY THE BOARD OF GOVERNORS.
The General Assembly of North Carolina enacts:
Section 1.  The purpose of this act is (i) to authorize the construction by The University of North Carolina, of the capital improvements projects listed in the act for the respective institutions, and (ii) to authorize the financing of these projects with funds available to the institutions from gifts, grants, receipts, self-liquidating indebetedness, or other funds, or any combination of these funds, but not including funds appropriated from the General Fund of the State.
Section 2.  The capital improvements projects, and their respective costs, authorized by this act to be constructed and financed as provided in Section 1 of this act, are as follows:

1.	Appalachian State University
New Dining Hall - Supplement	$ 9,569,744
Steam Distribution/Return System-Reconstruction	$ 3,109,200

2.	East Carolina University
West End Dining Hall - Supplement	$ 5,089,700

3.	North Carolina School of the Arts
Technology Infrastructure - Residence Halls	$ 1,000,000

4.	North Carolina State University
Expansion of Parking Facilities	$ 9,000,000
Centennial Campus Infrastructure	$18,780,000
Centennial Campus Tenant Upfits	$ 6,750,000

5.	The University of North Carolina at Asheville
New Residence Hall - Supplement	$ 3,720,800

6.	The University of North Carolina at Chapel Hill
Sonja H. Stone Black Cultural Center	$ 9,000,000

7.	The University of North Carolina at Charlotte
Alumni Center	$ 3,300,000

8.	The University of North Carolina at Greensboro
Parking Deck	$11,000,000

9.	The University of North Carolina at Pembroke
Dining Hall Addition	$   750,000.

Section 3.  At the request of the Board of Governors of The University of North Carolina and upon determining that it is in the best interest of the State to do so, the Director of the Budget may authorize an increase or decrease in the cost of, or a change in the method of, funding the projects authorized by this act.  In determining whether to authorize a change in cost or funding, the Director of the Budget may consult with the Joint Legislative Commission on Governmental Operations.
Section 4.  G.S. 116-187 reads as rewritten:
"§ 116-187. Purpose of Article.
The purpose of this Article is to authorize the Board of Governors of the University of North Carolina to issue revenue bonds, payable from rentals, charges, fees (including student fees) and other revenues but with no pledge of taxes or the faith and credit of the State or any agency or political subdivision thereof, to pay the cost, in whole or in part, for projects as hereinafter defined or for nonprofit corporations providing such projects."
Section 5.  G.S. 116-189(4) reads as rewritten:
"(4)	The word 'institution' shall mean each of the institutions enumerated in G.S. 116-2, the University of North Carolina Health Care System, and the University of North Carolina General Administration."
Section 6.  G.S. 116-189(5) is amended as follows:
"(5) 	"The word 'project' shall mean and shall include any one or more buildings, structures, or facilities of any size or type now or hereafter existing for (i) the housing, health, welfare, recreation, and convenience of students, (ii) the housing of faculty, (iii) academic, research, patient care, and community services, and (iv) parking at an institution or institutions, that has been approved by the Board and the Director of the Budget and any improvements or additions so approved to any such buildings, structures, or facilities, including, but without limiting the generality thereof, dormitories and other student, faculty, and adult or continuing education housing, dining facilities, student centers, gymnasiums, field houses and other physical education and recreation buildings, infirmaries and other health care buildings, academic facilities, furnishings, equipment, parking facilities, and necessary land and interest in land.  Any project may include, without limiting the generality thereof, facilities for services such as lounges, restrooms, lockers, offices, stores for books and supplies, snack bars, cafeterias, restaurants, laundries, cleaning, postal, banking and similar services, rooms and other facilities for guests and visitors, and facilities for meetings and for recreational, cultural, and entertainment activities."
Section 7.  G.S. 116-190 reads as rewritten:
"§ 116-190. General powers of Board of Governors.
The Board is authorized, subject to the requirements of this Article:
(1)	To determine the location and character of any project or projects and to acquire, construct and provide the same and to maintain, repair and operate and enter into contracts for  the management, lease, use or operation of all or any portion of any project or projects and any existing facilities;
(2)	To issue revenue bonds as hereinafter provided to pay all or  any part of the cost of any project or projects, and to fund or refund the same;
(3)	To fix and revise from time to time and charge and collect (i) student fees from students enrolled at the institution operated by the Board, (ii) rates, fees, rents and charges for the use of and for the services furnished by all or any portion of any project or projects and (iii) admission fees for athletic games and other public events;
(4)	To establish and enforce, and to agree through any resolution or trust agreement authorizing or securing bonds under this Article to make and enforce, rules and regulations for the use of and services rendered by any project or projects and any existing facilities, including parietal rules, when deemed desirable by the Board, to provide for the maximum use of any project or projects and any existing facilities;
(5)	To acquire, hold, lease and dispose of real and personal property in the exercise of its powers and the performance of its duties hereunder and to lease all or any part of any project or projects and any existing facilities for such period or periods of years, not exceeding 40 years, upon such terms and conditions as the Board determines subject to the provisions of G.S. 143-341;
(6)	To employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers and such other employees and agents as may be necessary in its judgment in connection with any project or projects and existing facilities, and to fix their compensation;
(7)	To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Article;
(8)	To receive and accept from any federal, State or other public agency and any private agency, person or other entity donations, loans, grants, aid or contributions of any money,  property, labor or other things of value for any project or projects, and to agree to apply and use the same in accordance with the terms and conditions under which the same are provided; and
(8a)	In connection with contracts with nonprofit corporations, (i) to use contracting methods that are considered to be alternatives to the traditional design/bid/build method (including design/build, construction management, and other methods that conform to State statutes that ensure free and competitive bidding by qualified contractors) without having to seek the approval of any other governmental agency or authority, (ii) to direct that insurance for the project be provided by the nonprofit corporation rather than the State, and (iii) to contract with certified code-compliance reviewers for the purposes of certifying plans and specifications and work in place for code compliance.  No other reviews by State or local jurisdictions will be required.  The Board shall have the sole responsibility to select and contract with designers and consultants and to award construction contracts and change orders related to projects with nonprofit corporations.
(9)	To do all acts and things necessary or convenient to carry out the powers granted by this Article."
Section 8.  This act is effective when it becomes law.