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June 14, 2018

Request: Is legislative approval needed for university system capital projects fully or partially funded by local funds?

Conclusion: The Board of Higher Education has control over its institutions’ local funds. Legislative approval or appropriation is not needed for university system capital projects fully funded by local funds. If the Legislature has approved and appropriated non-local funds for a particular capital project, the Board of Higher Education could also authorize an institution to spend local funds to enhance the project without legislative approval or appropriation. However, it is possible for the Legislature to attach reasonable conditions to the appropriation that could limit the institution’s use of local funds for that particular project.

Opinion 2018-L-02

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