Rhode Island General Laws 45-38.1-5. General grant of powers
The corporation has the following powers, together with all powers incidental or necessary for the performance of the following:
(1) To have perpetual succession as a public body corporate and agency of the state and to adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal and alter the seal at pleasure;
(3) To maintain an office at a place or places that it may designate;
(4) To sue and be sued, plead and be impleaded;
(5) To determine the location and character of any project to be financed under the provisions of this chapter, and to construct, reconstruct, renovate, replace, maintain, repair, operate, lease, as lessee or lessor, and regulate the project to pay its costs, to enter into contracts for any or all of those purposes, to enter into contracts for the management and operation of a project, and to designate a participating educational institution or child daycare center or a participating municipality or a participating healthcare provider as its agent to determine the location and character of a project undertaken by the participating educational institution or child daycare center or a participating municipality or by a participating healthcare provider under the provisions of this chapter, and as the agent of the corporation, to acquire, construct, reconstruct, renovate, replace, maintain, repair, operate, lease, as lessee or lessor, and regulate the project, and, as the agent of the corporation, to enter into contracts for any or all of those purposes, including contracts for the management and operation of the project;
(6) To issue bonds, notes, bond anticipation notes, revenue anticipation notes, capital notes, and other obligations of the corporation including, but not limited to, interest rate exchange agreements and contracts to hedge interest rates, for any of its corporate purposes, and to fund or refund the bonds, all as provided in this chapter;
(7) Generally, to fix and revise from time to time and charge and collect rates, rents, fees, and charges for the use of and for the services furnished or to be furnished by a project or any portion of it, and to contract with any person, partnership, association, or corporation or other body public or private in respect to the project;
(8) To establish rules and regulations for the use of a project or any portion of it and to designate a participating educational institution or child daycare center, or a participating healthcare provider or a participating municipality as its agent to establish rules and regulations for the use of a project undertaken by the participating educational institution or child daycare center or by the participating healthcare provider or by the participating municipality;
(9) Employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and other employees and agents as may be necessary in its judgment, and to fix their compensation;
(10) To receive and accept from any public agency, loans or grants for or in aid of the construction of a project or any portion of it, and to receive and accept loans, grants, aid, or contributions from any source of either money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which those loans, grants, aid, and contributions are made;
(11) To mortgage any project, and the site of the project, for the benefit of the holders of bonds issued to finance the project;
(12) To make loans to any participating educational institution or child daycare center and to any participating healthcare provider or to a participating municipality for the cost of a project in accordance with an agreement, and any other security instrument required by the corporation between the corporation and the participating educational institution or child daycare center or the participating healthcare provider; or participating municipality; provided that, no loan exceeds the total cost of the projects as determined by the participating educational institution or child daycare center or the participating healthcare provider or the participating municipality and approved by the corporation;
(13) To make loans to a participating educational institution or child daycare center or to a participating healthcare provider or to the participating municipality to refund outstanding obligations, mortgages, or advances issued, made or given by the participating educational institution or child daycare center or the participating healthcare provider or to a participating municipality for the cost of a project;
(14) To charge to and equitably apportion, among participating educational institution or child daycare center and participating healthcare provider and participating municipality, its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter;
(15) To accept any gifts or grants or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality of the federal government, or from the state or any agency or instrumentality of the state, or from any other source and to comply, subject to the provisions of this chapter, with the terms and conditions of the gifts, grants, or loans;
(16) To do all things necessary or convenient to carry out the purposes of this chapter. In carrying out the purposes of this chapter, the corporation may undertake a project for two (2) or more participating healthcare providers jointly, or for any combination of providers, and, thereupon, all other provisions of this chapter shall apply to and for the benefit of the corporation and those joint participants;
(17) To enter into contracts for the purpose of guaranteeing or insuring loans to any participating educational institution or child daycare center or to any participating healthcare provider or to any participating municipality to carry out the purposes of the corporation, and to pledge, encumber, or advance funds of the corporation in connection with the loans; and
(18) To make and effectuate gifts or grants of corporation funds for or in aid of the construction of or development of any project or any portion of a project or in furtherance of the policies, purposes, and powers of the corporation set forth in this chapter, and to retain or appoint any agents or consultants deemed necessary or desirable by the corporation to effectuate, make, and administer the gifts or grants.
History of Section.
P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1989, ch. 480, § 11; P.L. 1991, ch. 292, § 1; P.L. 1992, ch. 221, § 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.
Terms Used In Rhode Island General Laws 45-38.1-5
- Bonds: means bonds of the corporation issued under the provisions of this chapter, including refunding bonds, notwithstanding that the bonds may be secured by mortgage or the full faith and credit of the corporation or the full faith and credit of a participating institution for higher education or of a participating municipality or of a participating healthcare provider or any other lawfully pledged security of a participating educational institution or child daycare center or of a participating municipality or of a participating healthcare provider. See Rhode Island General Laws 45-38.1-3
- Child daycare center: means a child daycare center as defined in Rhode Island General Laws 45-38.1-3
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means the Rhode Island health and educational building corporation created and established as a nonbusiness corporation, under and pursuant to chapter 6 of Title 7, as amended, and constituted and established as a public body corporate and agency of the state under Rhode Island General Laws 45-38.1-3
- Educational institution: means :
(i) An educational institution or local education authority participating in the school housing aid program as described in chapter 7 of Title 16 situated within this state which, by virtue of law or charter, is a public or other nonprofit educational institution empowered to provide a program of education at the primary, secondary, or high school level, beyond the high school level, and which is accredited by a nationally recognized educational accrediting agency or association and awards a bachelor's or advance degree or provides a program of not less than two (2) years' duration that is accepted for full credit toward a bachelor's degree;
(ii) Any nonprofit corporation, business corporation, limited liability company, or partnership or limited partnership the shareholders or members or partners or limited partners of which are limited to those entities described in subsection (13)(i) hereof;
(iii) Any nonprofit corporation, business corporation, limited liability company, partnership, or limited partnership that is a party to a public-private partnership agreement at least one of the parties of which is described in subsection (13)(i) hereof;
(iv) Any museum in this state as defined by Rhode Island General Laws 45-38.1-3
- Healthcare provider: means :
(i) Any nonprofit hospital incorporated under the laws of the state, including any nonprofit subsidiary corporations formed by any hospital or formed by the parent corporation of the hospital;
(ii) Any nonprofit corporation, the member or members of which consist solely of one or more hospitals or their parent corporations;
(iii) Any other hospital that is licensed as a general hospital or maternity hospital pursuant to chapter 17 of Title 23 that is exempt from taxation;
(iv) Any nonprofit group health association;
(v) Any cooperative hospital service organization, or any nonprofit corporation that is licensed as a skilled nursing and/or intermediate care facility pursuant to chapter 17 of Title 23, including any nonprofit subsidiary corporation formed by any of the foregoing skilled nursing and/or intermediate care facilities, or any nonprofit corporation eligible to receive funding, pursuant to Rhode Island General Laws 45-38.1-3
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Municipality: means any city or town located in the state with powers set forth in this title. See Rhode Island General Laws 45-38.1-3
- Participating educational institution: means an educational institution or child daycare center which, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project, or undertakes the refunding or refinancing of obligations or of a mortgage or of advances or undertakes the financing, directly or indirectly, of education loans, all as provided in and permitted by this chapter. See Rhode Island General Laws 45-38.1-3
- Participating healthcare provider: means a healthcare provider that, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. See Rhode Island General Laws 45-38.1-3
- Participating municipality: means a municipality that, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. See Rhode Island General Laws 45-38.1-3
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
- State: means the state of Rhode Island. See Rhode Island General Laws 45-38.1-3