(a)  There is hereby created a public body corporate and agency of the state to be known as the “Rhode Island health and educational building corporation” as successor to the Rhode Island educational building corporation, previously created as a nonbusiness corporation under and pursuant to chapter 6 of Title 7, as amended by chapter 121 of the Public Laws of 1966, and constituted and established as a public body corporate and agency of the state for the exercising of the powers conferred on the corporation under and pursuant to § 45-38.1-1 — § 45-38.1-24.

Terms Used In Rhode Island General Laws 45-38.1-4

  • Child daycare center: means a child daycare center as defined in § 42-12. See Rhode Island General Laws 45-38.1-3
  • 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 § 45-38. See Rhode Island General Laws 45-38.1-3
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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 chapter 8. See Rhode Island General Laws 45-38.1-3

  • 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
  • Oath: A promise to tell the truth.
  • oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
  • Quorum: The number of legislators that must be present to do business.
  • State: means the state of Rhode Island. See Rhode Island General Laws 45-38.1-3
  • Trustee: A person or institution holding and administering property in trust.

(b)  All of the powers of the corporation are vested in the board of directors of the corporation elected at the first meeting of the incorporators of the Rhode Island educational building corporation, and the members of the board shall continue to serve for the duration of the terms for which they were originally elected. Successors to the members of the board of directors shall be appointed by the governor, as follows: prior to the month of June in each year, commencing in the year 1968, the governor shall appoint a member to serve on the board of directors for a term of five (5) years to succeed the member whose term will expire in June of that year. In the event of a vacancy occurring in the membership of the board of directors, the governor shall appoint a new member of the board of directors for the unexpired term. Any member of the board of directors is eligible for reappointment.

(c)  Each member of the board of directors, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.

(d)  The board of directors shall elect two (2) of its members as chairperson and vice chairperson, and also elect a secretary, assistant secretary, treasurer, and assistant treasurer, who need not be members of the board. Three (3) members of the board of directors of the corporation shall constitute a quorum, and the affirmative vote of the majority of the directors present and entitled to vote at any regular or special meeting at which a quorum is present, is necessary for any action to be taken by the corporation; except, however, that the affirmative vote of three (3) members of the board of directors is necessary for the election of officers of the corporation and to amend the bylaws of the corporation. No vacancy in the membership of the board of directors of the corporation impairs the right of a quorum to exercise all the powers of and perform the duties of the corporation.

(e)  Any action taken by the corporation under the provisions of this chapter may be authorized by resolution at any regular or special meeting, and each resolution takes effect immediately and need not be published or posted.

(f)  The members of the board of directors shall receive compensation at the rate of fifty dollars ($50.00) per meeting attended; however, the compensation shall not exceed one thousand five hundred dollars ($1,500) per fiscal year per member.

(g)  Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a trustee, director, officer, or employee of an institution for higher education or municipality or child daycare center or a healthcare provider to serve as a member of the board of directors of the corporation; provided, that the trustee, director, officer, or employee abstains from deliberation, action, and vote by the board under this chapter in specific respect to the institution for higher education or municipality or child daycare center or the healthcare provider of which the member is a trustee, director, officer, or employee.

(h)  The board and corporation shall comply with provisions of chapter 155 of Title 42, the quasi-public corporations accountability and transparency act.

History of Section.
P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1981, ch. 398, § 1; P.L. 1988, ch. 627, § 1; P.L. 1989, ch. 102, § 1; P.L. 1991, ch. 292, § 1; P.L. 2015, ch. 141, art. 9, § 3; P.L. 2022, ch. 227, § 1, effective June 27, 2022; P.L. 2022, ch. 228, § 1, effective June 27, 2022.