reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-35 - Conservation Commissions › Section 45-35-3. - Acquisitions — Free access to public land not restricted.

§ 45-35-3. Acquisitions — Free access to public land not restricted.
Subject to the approval of the city or town council and financial town meeting, the commission may receive gifts of funds, lands, buildings, or other properties in the name of the municipality, and may also acquire by gift, purchase, grant, bequest, devise, lease, or otherwise, the fee in those lands or water rights or any lease interest, development right, easement, covenant, or other contractual right, including conveyances, and, shall manage these gifts and acquisitions in accordance with the purposes established in this chapter. However, nothing in this chapter shall be construed to deny to the people access to the lands for all legitimate purposes. No city or town may deny or restrict to the people free access to the lands, or to any other land held by or for the city or town for recreation purposes.
History of Section.
P.L. 1960, ch. 203, § 3; P.L. 1965, ch. 139, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-35 - Conservation Commissions › Section 45-35-4. - Meetings — Records.

§ 45-35-4. Meetings — Records.
All meetings of the commission are open to the public and any person or that person’s duly constituted representative is entitled to appear and be heard on any matter before the commission before it reaches its decision. All records of its proceedings, resolutions, and actions are open to public view.
History of Section.
P.L. 1960, ch. 203, § 4.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-36 - Conservation of Open Spaces › Section 45-36-1. - “Open space” defined.

§ 45-36-1. “Open space” defined.
When used in this chapter “open space” means any space or area, the preservation or restriction of the use of which would:
(1)
Maintain or enhance the conservation of natural or scenic resources,
(2)
Protect natural streams or water supply,
(3)
Promote conservation of soils, wetlands, beaches, or tidal marshes,
(4)
Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries, or other open areas and open spaces,
(5)
Afford or enhance public recreation opportunities,
(6)
Preserve historic sites,
(7)
Implement the recreation and open space plan adopted by the planning commission of the city or town, or
(8)
Promote orderly urban or suburban development.
History of Section.
P.L. 1965, ch. 141, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-36 - Conservation of Open Spaces › Section 45-36-2. - Conservation of open spaces.

§ 45-36-2. Conservation of open spaces.
Any city, subject to the approval of its council, or any town, subject to the approval of the town council and financial town meeting, if it has one, may by purchase, bequest, gift, grant, devise, or lease, acquire land and improvements on it, rights of way, water riparian and other rights, easements, conservation easements, scenic easements, privileges, present and future estates, and interests of any kind or description in real property; and may enter into covenants and agreements with owners of land and owners of interests in land to maintain, improve, protect, and limit the future use of or otherwise conserve open spaces; and may enter into agreements or compacts with any other city or town for any purposes; provided, if an open space is to be acquired by the expenditure of public funds, the city or town shall, prior to the expenditure, obtain from the department of environmental management a statement, in writing, that the open space is not desired by the department for open space purposes.
History of Section.
P.L. 1965, ch. 141, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-36.1 - Municipal Public Trust Dedication › Section 45-36.1-1. - Legislative purpose.

§ 45-36.1-1. Legislative purpose.
The purpose of this chapter is to provide a voluntary mechanism for cities and towns to use to dedicate a park, or other conservation land that it owns, as public trust land in perpetuity in order to ensure preservation of the natural environment and public access to the land for outdoor recreation and to ensure that the land is not converted to a use other than the use for which it was originally obtained and remains predominantly undeveloped and continues to provide open space benefits. People rely on their parks and other public open spaces and conservation land as stable, reliable places of comfort, rest, and renewal in their lives. People make decisions on where to reside and work based on proximity to these places. They expect that these places will always be there for them. This expectation is supported by R.I. Const., Art. I, § 17, which states the people:
“shall be secure in their rights to the use and enjoyment of the natural resources of the state with due regard for the preservation of their values; and it shall be the duty of the general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration and restoration of the natural environment of the state.”
History of Section.
P.L. 2021, ch. 135, § 1, effective July 3, 2021; P.L. 2021, ch. 136, § 1, effective July 3, 2021.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-36.1 - Municipal Public Trust Dedication › Section 45-36.1-2. - Power to declare municipal land as public trust land.

§ 45-36.1-2. Power to declare municipal land as public trust land.
Pursuant to the proper delegation of powers vested in the general assembly by R.I. Const., Art. I, § 17, cities and towns may formally dedicate any property they hold that was donated to the city or town, or acquired by the city or town for use as a park or for other conservation purposes as a public trust land, to be perpetually protected from conversion to a use other than the use for which it was originally obtained and from development that is inconsistent with the primary recreation, open space, and natural resource purposes as a natural resource land of the state and as a natural environment for the people of the state and to reduce risks of confusion or misunderstanding regarding acceptable and non-acceptable uses of land held by a municipality for outdoor recreation, open space benefits, and natural resource conservation.
History of Section.
P.L. 2021, ch. 135, § 1, effective July 3, 2021; P.L. 2021, ch. 136, § 1, effective July 3, 2021.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-36.1 - Municipal Public Trust Dedication › Section 45-36.1-3. - Process for municipal declaration of municipal land as public trust land.

§ 45-36.1-3. Process for municipal declaration of municipal land as public trust land.
Cities and towns may formally dedicate any property they hold for use as a park or for other conservation purposes as a public trust land, to be perpetually protected from conversion to a use other than the use for which it was originally obtained and development that is inconsistent with its primary purpose as a recreation, open space, and/or natural resource land of the state and as a natural environment for the people of the state through a duly approved resolution of a city or town council or through any other legally sufficient municipal process. The resolution or other municipal approval shall be recorded in the municipal land evidence records.
History of Section.
P.L. 2021, ch. 135, § 1, effective July 3, 2021; P.L. 2021, ch. 136, § 1, effective July 3, 2021.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-36.1 - Municipal Public Trust Dedication › Section 45-36.1-4. - Restrictions applicable to municipal public trust land.

§ 45-36.1-4. Restrictions applicable to municipal public trust land.
Once a city or town dedicates property it holds as a public trust land, the land shall be perpetually protected from conversion to a use other than the use for which it was originally obtained and development that is inconsistent with its primary purpose as a recreation, open space, and natural resource land of the state and as a natural environment for the people of the state. Acceptable uses of the land so dedicated shall only be those that perpetuate outdoor recreation, open space benefits, and natural resource conservation on the land.
History of Section.
P.L. 2021, ch. 135, § 1, effective July 3, 2021; P.L. 2021, ch. 136, § 1, effective July 3, 2021.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37 - Gifts of Industrial Facilities › Section 45-37-1. - Declaration of need and purpose.

§ 45-37-1. Declaration of need and purpose.
It is declared that there is a need for the development of industrial, manufacturing, commercial, and warehouse facilities to insure the continued growth and prosperity of the state, and of the cities and towns within the state. It is the purpose of this chapter to provide the state and its cities and towns with the power to acquire title by gift to one or more industrial facilities and to lease or sell those facilities to any person, firm, partnership, or corporation, public or private, so as to furnish an additional means for the development of industrial facilities without the use of public funds. It is further declared that the acquisition of title to those facilities and the lease or sale of those facilities, as provided under this chapter, is a public purpose and shall be regarded as performing an essential governmental function in carrying out the provisions of this chapter. However, competition between communities in this state merely for the purpose of seeking relocation of industrial facilities located in this state is contrary to the policy of this chapter.
History of Section.
P.L. 1965, ch. 198, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37 - Gifts of Industrial Facilities › Section 45-37-2. - Definitions.

§ 45-37-2. Definitions.
As used in this chapter, unless the context otherwise requires, the following words and terms have the following meanings:
(1)
“Governing body” means the board or body in which the general legislative powers of a municipality are vested.
(2)
“Industrial facility” means any land, any building, or other improvement, and all real and personal properties, including, but not limited to, machinery and equipment deemed necessary in connection therewith, whether or not now in existence, which are suitable for use for manufacturing, warehousing, or other industrial or commercial purposes, but does not include raw materials, work in process, or stock in trade.
(3)
“Municipality” means any city or town in the state.
History of Section.
P.L. 1965, ch. 198, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37 - Gifts of Industrial Facilities › Section 45-37-3. - Powers.

§ 45-37-3. Powers.
In addition to any other powers which it may now have, and notwithstanding any law to the contrary, the state and any municipality have, without any other authority, the following powers:
(1)
To acquire by gift, from a nonbusiness corporation formed under the provisions of chapter 6 of title 7, one or more industrial facilities, which are located within this state and which may be located within or partially within the municipality.
(2)
To lease to any person, firm, partnership, or corporation, either public or private, any or all of its industrial facilities for rentals and upon terms and conditions and for a period or periods as the governing body of the appropriate municipality may deem advisable or, in respect of the state, or a department, board, body, or commission of the state, as the governor may deem advisable; provided, that the lease or leases require that the payment of all costs of operation, maintenance, and upkeep of the industrial facilities be paid by the lessee, sublessee, or occupant, and that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of those costs.
(3)
To sell and convey all or any part of any industrial facility owned by it at public or private sale with or without advertisement, and to do all acts necessary to the accomplishment of that sale or conveyance.
History of Section.
P.L. 1965, ch. 198, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37 - Gifts of Industrial Facilities › Section 45-37-4. - Acquisition by state.

§ 45-37-4. Acquisition by state.
In the exercise of the powers conferred upon the state by § 45-37-3, title to any industrial facility may be vested in the state or in a department, board, body, or commission of the state as shall be designated by the governor.
History of Section.
P.L. 1965, ch. 198, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37 - Gifts of Industrial Facilities › Section 45-37-5. - Procedure before acquisition.

§ 45-37-5. Procedure before acquisition.
Notwithstanding any other provision of law, neither the state, nor any municipality, have the power to acquire title to an industrial facility, pursuant to the provisions of this chapter, by gift, unless prior to the issuance of obligations to finance the acquisition and construction of an industrial facility by a nonbusiness corporation formed under the provisions of chapter 6 of title 7, the governor, or the governor’s designee, in respect of the state, or the governing body in respect of a municipality, have found, after a hearing on the acquisition and construction, that the acquisition and construction, proposed leasing, operation and use of the industrial facility and its acquisition, by the state or municipality so acquiring, serves a public use and provides a public benefit, and that the acquisition is within the policy of, and the authority conferred, by this chapter. The determination may be made by the governor, or the governor’s designee, or appropriate governing body if supported by documentation and information that the governor, or the governor’s designee, or appropriate governing body may request as a basis for the determination, and if it is found that:
(1)
The acquisition and construction of the industrial facility will eliminate or prevent unemployment, either in whole or in part in the area in which the industrial facility is located;
(2)
The industrial facility will consist of a building or buildings which are suitable for industrial, manufacturing, commercial, or warehousing purposes;
(3)
The industrial facility will be leased to, or owned by, a financially responsible person or corporation;
(4)
Adequate provision has been, or will be made, for the payment of the cost of the acquisition and construction of the industrial facility, and that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of the principal of, or interest on, any obligations issued to finance the construction;
(5)
Adequate provision has been, or will be made, in each lease relating to the industrial facility for the payment of all costs of operation, maintenance, and upkeep of the industrial facility by the lessee, sublessee, or occupant so that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of those costs; and
(6)
The acquisition and construction, proposed leasing, operation, and use of the industrial facility will aid in the development, growth, and prosperity of the state or municipality in which the industrial facility is located.
History of Section.
P.L. 1965, ch. 198, § 1; P.L. 1966, ch. 247, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37 - Gifts of Industrial Facilities › Section 45-37-6. - No authority to operate as a business.

§ 45-37-6. No authority to operate as a business.
Neither the state nor any municipality has the power to operate an industrial facility owned by it as a business or in any manner except as its lessor.
History of Section.
P.L. 1965, ch. 198, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37 - Gifts of Industrial Facilities › Section 45-37-7. - Tax exemption and payment for services in lieu of taxes.

§ 45-37-7. Tax exemption and payment for services in lieu of taxes.
Any industrial facility owned by the state or a municipality, as provided in § 45-37-3, is declared to be public property and is exempt from all taxes and special assessments of any municipality; provided, that in lieu of taxes and special assessments, the state or the municipality shall require any lessee, sublessee, or occupant of the industrial facility to make payments annually to the municipality in which an industrial facility is located for its just share of the public expense, including, but not limited to, education, highway maintenance, fire and police protection and other similar public expenses and governmental services; and provided, further, that the governor, or his or her designee, or the governing body of the municipality determines, after a hearing, that these payments constitute a just share of the public expense.
History of Section.
P.L. 1965, ch. 198, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-1. - Declaration of policy.

§ 45-37.1-1. Declaration of policy.
It is declared that there is a need for the further development of industrial and recreational facilities within the state, a need to induce, encourage, and facilitate industrial development by the expansion of railroad transportation facilities and otherwise, and there is a need for the abatement or control of pollution of the environment of the state, which is necessary to protect the health and welfare of the citizens of the state, to protect the natural resources of the state, and to encourage the economic development of the state, to promote the expansion and diversification of recreational facilities, and a need to confer additional powers on the Rhode Island industrial facilities corporation that will assure the successful completion of industrial and recreational undertakings, initiated by that corporation, so as to serve the public interests of all the citizens of the state.
History of Section.
P.L. 1967, ch. 11, § 1; P.L. 1971, ch. 255, § 1; P.L. 1973, ch. 195, § 1; P.L. 1981, ch. 419, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-2. - Title of chapter.

§ 45-37.1-2. Title of chapter.
This chapter may be referred to and cited as the “Rhode Island Industrial Facilities Corporation Act”.
History of Section.
P.L. 1967, ch. 11, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-8. - Trust funds.

§ 45-37.1-8. Trust funds.
All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or notes or as revenues, receipts, or income, are deemed to be trust funds to be held and applied solely as provided in the proceedings under which the bonds or notes are authorized. Any officer with whom, or any bank or trust company with which, the moneys are deposited as trustee thereof, shall hold and apply the moneys for the purposes thereof, subject to provisions as this chapter and the proceedings authorizing the bonds or notes of any issue or the trust agreement securing those bonds or notes may provide.
History of Section.
P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 5.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-10. - Bonds and notes eligible for investment.

§ 45-37.1-10. Bonds and notes eligible for investment.
Bonds and notes issued by the corporation under the provisions of this chapter are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, credit unions, building and loan associations, trust companies, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries, pension, profit sharing and retirement funds may properly and legally invest funds, including capital in their control or belonging to them. These bonds and notes are securities which may properly and legally be deposited with and received by any state or municipal officer, or any agency or political subdivision of the state, for any purpose for which the deposit of bonds or obligations of the state is now or may be authorized by law.
History of Section.
P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 7.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-11. - Annual report and audit.

§ 45-37.1-11. Annual report and audit.
Within four (4) months after the close of each fiscal year of the corporation, it shall make a report to the governor of its activities for the preceding fiscal year, and the report shall disclose a complete operating and financial statement covering the corporation’s operations during the preceding fiscal year. The corporation shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants, and the cost of the audit shall be paid by the corporation from funds available to it pursuant to this chapter.
History of Section.
P.L. 1967, ch. 11, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-12. - State not liable — Exceptions.

§ 45-37.1-12. State not liable — Exceptions.
Except for any obligations secured by mortgages which are insured by the Rhode Island industrial recreational building authority, the state is not liable for the payment of the principal of or interest on any bonds or notes of the corporation, or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the corporation, and none of the bonds or notes of the corporation, nor any of its agreements or obligations, shall be construed to constitute an indebtedness of the state within the meaning of any constitutional or statutory provision whatsoever, nor shall the issuance of bonds or notes under the provisions of this chapter, directly, or indirectly, or contingently, obligate the state or any municipality or political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Obligations issued under the provisions of this chapter, which are secured by mortgages insured by the Rhode Island industrial recreational building authority, in addition to being payable from the revenues pledged for those obligations, are secured by a pledge of the faith and credit of the state consistent with the terms and limitations of chapter 34 of title 42.
History of Section.
P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 8; P.L. 1981, ch. 419, § 4; P.L. 1988, ch. 84, § 39.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-13. - Procedure before undertaking project.

§ 45-37.1-13. Procedure before undertaking project.
Notwithstanding any other provision of this chapter, the corporation is not empowered to undertake any project authorized by this chapter unless, prior to the issuance of any bonds under this chapter, it finds that:
(1)
The acquisition and construction of the project will eliminate or prevent unemployment, either in whole or in part, in the area in which the project is located; and
(2)
The project is consistent with the definition of “project” as defined in § 45-37.1-3; and
(3)
The project will be leased to, or owned by, a financially responsible person, partnership, corporation, or concern; and
(4)
Adequate provision has been, or will be, made for the payment of the cost of the acquisition and construction of the project and that, except in connection with obligations secured by mortgages insured by the Rhode Island industrial recreational building authority, under no circumstances, will the state or any municipality or political subdivision of the state be obligated, directly or indirectly, for the payment of the principal of, or interest on, any obligation issued to finance the construction; and
(5)
Adequate provision has been, or will be, made in each lease or other financing agreement relating to the project for the payment of all costs of operation, maintenance, and upkeep of the project by the lessee, sublessee, or occupant, so that, except in connection with obligations secured by mortgages which are insured by the Rhode Island industrial recreational building authority, under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of those costs; and
(6)
The acquisition and construction, proposed financing, operation, and use of the project will aid in the development, growth, and prosperity of the state or (if the project consists of other than railroad rolling stock) of the municipality in which the project is located, and with respect to projects for air and water pollution control or projects for solid waste disposal, that the projects will protect the natural resources of the state and the health and welfare of its citizens; provided, that with respect to projects for air and water pollution control or projects for solid waste disposal, the corporation is not required to make the findings specified in subdivisions (1) and (2).
History of Section.
P.L. 1967, ch. 11, § 1; P.L. 1971, ch. 255, § 4; P.L. 1973, ch. 195, § 3; P.L. 1980, ch., 229, § 9; P.L. 1981, ch. 419, § 5; P.L. 1988, ch. 636, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-14. - No authority to operate as a business.

§ 45-37.1-14. No authority to operate as a business.
The corporation does not have the power to operate any project owned by it as a business or in any other manner, except as the lessor of a project.
History of Section.
P.L. 1967, ch. 11, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-15. - Agreement of the state.

§ 45-37.1-15. Agreement of the state.
The state of Rhode Island does hereby pledge to and agree with the holders of any bonds or notes issued under this chapter, and with those parties who may enter into contracts with the corporation pursuant to the provisions of this chapter, that the state will not limit or alter the rights hereby vested in the corporation until the obligations, together with their interest, are fully met and discharged and the contracts are fully performed on the part of the corporation, provided that nothing contained in this chapter precludes the limitation or alteration if and when adequate provisions are made by law for the protection of the holders of the bonds or notes of the corporation or those entering into contracts with the corporation. The corporation is authorized to include this pledge and undertaking for the state in bonds, notes, or contracts.
History of Section.
P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 10.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-16. - Corporation designated as local development corporation.

§ 45-37.1-16. Corporation designated as local development corporation.
For purposes of chapter 34 of title 42, it is hereby found and declared that the corporation is a “local development corporation” within the meaning of § 42-34-6.
History of Section.
P.L. 1980, ch. 229, § 11; P.L. 1981, ch. 419, § 6; P.L. 1988, ch. 84, § 40.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-17. - Chapter cumulative — No notice required.

§ 45-37.1-17. Chapter cumulative — No notice required.
Neither this chapter nor anything contained in this section shall be construed as a restriction or limitation upon any powers which the Rhode Island industrial facilities corporation might otherwise have under any laws of this state, but shall be construed as cumulative of those powers. The preceding sections of this chapter are deemed to provide a complete, additional, and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws; provided, that the issuance of all revenue bonds and notes under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds or notes, including, particularly, title 6A, and contracts for the construction and acquisition of any project undertaken pursuant to this chapter need not comply with the provisions of title 37. No proceedings, notice, or approval are required for the issuance of any bonds or notes or any instrument as security therefor, except as is provided in this chapter.
History of Section.
P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 12.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-18. - Chapter liberally construed.

§ 45-37.1-18. Chapter liberally construed.
This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed so as to effect its purposes.
History of Section.
P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 13.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-37.1 - Industrial Facilities Corporation › Section 45-37.1-19. - Severability.

§ 45-37.1-19. Severability.
If any section, clause, provision, or portion of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, the holding shall not affect any other section, clause, or provision of this chapter which is not in and of itself unconstitutional.
History of Section.
P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 13.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38 - Gifts of Educational Facilities › Section 45-38-1. - Declaration of need and purpose.

§ 45-38-1. Declaration of need and purpose.
It is declared that for the benefit of the people of the state of Rhode Island, the increase of their commerce, welfare, and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities; that it is essential that educational institutions within the state be provided with appropriate additional means to assist youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance and an alternative method to enable educational institutions in the state to provide the facilities and structures which are sorely needed to accomplish the purposes of this chapter, all to the public benefit and good. It is also the purpose of this chapter to provide the state and its cities and towns with the power to acquire title by gift to one or more educational facilities and to lease or sell those facilities to any educational institution within the state so as to furnish an additional means for the development of educational facilities without the use of public funds. It is further declared that the acquisition of title to those educational facilities, and the lease or sale of those facilities as provided under this chapter, is a public purpose and shall be regarded as performing an essential governmental function in carrying out the provisions of this chapter.
History of Section.
P.L. 1965, ch. 199, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38 - Gifts of Educational Facilities › Section 45-38-2. - Definitions.

§ 45-38-2. Definitions.
As used in this chapter, unless the context otherwise requires, the following words and terms have the following meanings:
(1)
“Educational facility” means one or more structures suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research, classroom, maintenance or storage or utility facility, and other structures or facilities related thereto or required for the instruction of students or the conducting of research or the operation of an educational institution, including parking and other facilities or structures essential or convenient for the orderly conduct of the educational institution, and also including equipment and machinery and other similar items necessary or convenient for the operations of a particular facility or structure in the manner for which its use is intended, but not including such items as books, fuel, supplies, or other items which are customarily deemed to result in a current operating charge.
(2)
“Governing body” means the board or body in which the general legislative powers of the municipality are vested.
(3)
“Municipality” means any city or town in the state.
History of Section.
P.L. 1965, ch. 199, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38 - Gifts of Educational Facilities › Section 45-38-3. - Powers.

§ 45-38-3. Powers.
In addition to any other powers which it may now have, and notwithstanding any law to the contrary, the state and any municipality have, without any other authority, the following powers:
(1)
To acquire by gift, from a nonbusiness corporation formed under the provisions of chapter 6 of title 7, one or more educational facilities located within this state, and which may be located within or partially within the municipality.
(2)
To lease to any educational institution within the state any or all of its educational facilities for rentals and upon terms and conditions and for a period or periods that the governing body of the appropriate municipality may deem advisable or, in respect of the state, or a department, board, body, or commission of the state, as the governor may deem advisable; provided, that the lease or leases require that the payment of all costs of operation, maintenance, and upkeep of the educational facilities will be paid by the lessee, sublessee, or occupant and that under no circumstance will the state or municipality be obligated, directly or indirectly, for the payment of those costs.
(3)
To sell and convey all or any part of any educational facility owned by it at a public or private sale, with or without advertisement, and to do all acts necessary to the accomplishment of sale or conveyance.
History of Section.
P.L. 1965, ch. 199, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38 - Gifts of Educational Facilities › Section 45-38-4. - Acquisition by state.

§ 45-38-4. Acquisition by state.
In the exercise of the powers conferred upon the state by § 45-38-3, title to any educational facility may be vested in the state or in a department, board, body, or commission of the state designated by the governor.
History of Section.
P.L. 1965, ch. 199, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38 - Gifts of Educational Facilities › Section 45-38-5. - Procedure before acquisition.

§ 45-38-5. Procedure before acquisition.
Notwithstanding any other provision of law, neither the state, nor any municipality, has the power to acquire title to an educational facility, pursuant to the provisions of this chapter, by gift, unless prior to the issuance of obligations to finance the acquisition and construction of an educational facility by a nonbusiness corporation formed under the provisions of chapter 6 of title 7, the governor, or the governor’s designee, in respect of the state, and the governing body in respect of a municipality, have found, after a hearing, that the acquisition and construction, proposed leasing, operation, and use of the educational facility, and its acquisition by the state or municipality, will serve a public use and provide a public benefit, and that the acquisition will be within the policy of, and the authority conferred by, this chapter. The determination may be made by the governor, or the governor’s designee, or appropriate governing body if supported by documentation and information that the governor, or the governor’s designee, or appropriate governing body may request as a basis for the determination, and if it is found that:
(1)
The acquisition and construction of the educational facility will enable or assist an educational institution to fulfill its obligations in providing education to the youth of this state; and
(2)
The educational facility will be leased to, or owned by, a financially responsible educational institution within the state; and
(3)
Adequate provision has been, or will be, made for the payment of the cost of the acquisition and construction of the educational facility, and that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of the cost of acquisition and construction of the educational facility, or for the payment of the principal of, or interest on, any obligations issued to finance the acquisition and construction; and
(4)
Adequate provision has been, or will be, made in any lease of the educational facility for the payment of all costs of operation, maintenance, and upkeep of the educational facility by the lessee, sublessee, or occupant so that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of those costs.
History of Section.
P.L. 1965, ch. 199, § 1; P.L. 1966, ch. 247, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38 - Gifts of Educational Facilities › Section 45-38-6. - Tax exemption.

§ 45-38-6. Tax exemption.
Any educational facility owned by the state or a municipality, as provided by § 45-38-3, is declared to be public property, and is exempt from all taxes and special assessments of the state or any of its political subdivisions.
History of Section.
P.L. 1965, ch. 199, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-1. - Declaration of policy.

§ 45-38.1-1. Declaration of policy.
It is declared that for the benefit of the people of the state of Rhode Island, the increase of their commerce, welfare, and prosperity and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual, physical and mental capacities; that it is essential that institutions for higher education within the state be provided with appropriate additional means to assist youth in achieving the required levels of learning and development of their intellectual, physical and mental capacities; that it is essential that municipalities within the state be provided with appropriate additional means to improve the health, living conditions, and welfare of their residents with expanded access to public educational or public recreational facilities; that it is essential that healthcare providers within the state be provided with appropriate additional facilities; and that it is the purpose of this chapter to provide a measure of assistance and an alternative method to enable institutions for higher education in the state, municipalities in the state, child daycare providers within the state, and healthcare providers to provide the facilities and structures which are sorely needed to accomplish the purposes of this chapter, and to provide a measure of assistance and an alternative method to enable students and the families of students attending institutions for higher education in the state to finance the cost or a portion of the cost of that higher education, all to the public benefit and good, to the extent and manner provided in this chapter. It is further declared that the exercise by the Rhode Island health and educational building corporation, created and established under § 45-38.1-4, of the powers conferred on the corporation, under this chapter, will constitute the performance of an essential governmental function.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1982, ch. 301, § 1; P.L. 1991, ch. 292, § 1; P.L. 2022, ch. 227, § 1, effective June 27, 2022; P.L. 2022, ch. 228, § 1, effective June 27, 2022.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-2. - Title of chapter.

§ 45-38.1-2. Title of chapter.
This chapter may be referred to and cited as the “Rhode Island Health and Educational Building Corporation Act”.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-5.2. - Acquisition of certain monies, endowments, properties, and guarantees.

§ 45-38.1-5.2. Acquisition of certain monies, endowments, properties, and guarantees.
The corporation is authorized and empowered to establish specific guidelines relating to the deposits of certain monies, endowments, or properties by institutions for higher education which would provide security for education loan funding programs, corporation loans, education loans, or for bonds or notes, and to establish guidelines relating to guarantees of or contracts to purchase education loans or bonds by the institutions or by financial institutions or others. A default reserve fund may be established for each series or issue of bonds. In this regard, the corporation is empowered to receive monies, endowments, properties, and guarantees as it deems appropriate and, if necessary, to take title in the name of the corporation or in the name of a participating institution for higher education or a trustee.
History of Section.
P.L. 1982, ch. 301, § 3; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-5.3. - Conveyance of loan funding deposit after payment of bonds.

§ 45-38.1-5.3. Conveyance of loan funding deposit after payment of bonds.
When the principal of, interest on, and premium, if any, due in connection with bonds or notes of the corporation issued to finance the cost of an education loan financing program or programs, including any refunding bonds or notes issued to refund and refinance those bonds or notes have been fully paid and retired, or when adequate provision has been made to fully pay and retire the bonds or notes, and all other conditions of the bond or note resolution authorizing the bonds or notes, have been satisfied and the security interest or lien created by the bond or note resolution has been released in accordance with the provisions of the resolution, the corporation shall promptly do those things and execute deeds and conveyances that are necessary and required to convey any remaining monies, properties, and other assets, comprising loan funding deposits, to the participating institutions for higher education which furnished the monies, properties, and other assets in proportion to the amounts furnished by the respective participating institutions for higher education.
History of Section.
P.L. 1982, ch. 301, § 3; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-6. - Acquisition of property.

§ 45-38.1-6. Acquisition of property.
The corporation is authorized and empowered, directly, or by and through a participating institution for higher education or a participating municipality or a participating child daycare center or a participating healthcare provider, as its agent, to acquire by purchase or by gift or devise any lands, structures, property, real or personal, rights, rights of way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, which are located within or without the state as it may deem necessary or convenient for the construction or operation of a project, upon terms and at prices that may be considered by it to be reasonable and can be agreed upon between it and the owner of the property, and to take title to the property in the name of the corporation or in the name of a participating institution for higher education or a participating municipality or a participating child daycare center or a participating healthcare provider as its agent.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1991, ch. 292, § 1; P.L. 2022, ch. 227, § 1, effective June 27, 2022; P.L. 2022, ch. 228, § 1, effective June 27, 2022.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-38.1 - Health and Educational Building Corporation › Section 45-38.1-7. - Title to project.

§ 45-38.1-7. Title to project.
When the principal of and interest on bonds of the corporation issued to finance the cost of a particular project or projects for a participating institution for higher education or for a participating municipality or a participating child daycare center or for a participating healthcare provider, including any refunding bonds or notes issued to refund and refinance the bonds or notes, have been fully paid and retired, or when adequate provision has been made to fully pay and retire the bonds or notes, and all other conditions of the resolution or trust agreement authorizing and securing the bonds or notes have been satisfied and the lien of the resolution or trust agreement has been released in accordance with its provisions, the corporation shall promptly do things and execute deeds and conveyances that are necessary and required to convey title to the project or projects to the participating institution for higher education or the participating municipality or the participating child daycare center or the participating healthcare provider, free and clear of all liens and encumbrances, all to the extent that title to the project or projects shall not, at the time, then be vested in the participating institution for higher education or the participating municipality or the participating child daycare center or the participating healthcare provider.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1; P.L. 2022, ch. 227, § 1, effective June 27, 2022; P.L. 2022, ch. 228, § 1, effective June 27, 2022.