2012 -- H 7266

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LC00874

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - BOARD OF GOVERNORS FOR HIGHER EDUCATION

     Introduced By: Representatives Costa, Corvese, Reilly, Newberry, and Tomasso

     Date Introduced: January 26, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Board of

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Governors for Higher Education" is hereby amended to read as follows:

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     16-59-9. Educational budget and appropriations. -- (a) The general assembly shall

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annually appropriate any sums it deems necessary for support and maintenance of higher

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education in the state and the state controller is authorized and directed to draw his or her orders

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upon the general treasurer for the payment of the appropriations or so much of the sums that are

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necessary for the purposes appropriated, upon the receipt by him or her of proper vouchers as the

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board of governors for higher education may by rule provide. The board shall receive, review,

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and adjust the budgets of its several subordinate committees and agencies and for the office of

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higher education and present the budget as part of the budget for higher education under the

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requirements of section 35-3-4.

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      (b) The office of higher education and the institutions of public higher education shall

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establish working capital accounts.

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      (c) Any tuition or fee increase schedules in effect for the institutions of public higher

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education shall be received by the board of governors for allocation for the fiscal year for which

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state appropriations are made to the board of governors by the general assembly; provided that no

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further increases may be made by the board of governors for the year for which appropriations are

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made. Except that these provisions shall not apply to the revenues of housing, dining, and other

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auxiliary facilities at the University of Rhode Island, Rhode Island College, and the Community

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Colleges including student fees as described in P.L. 1962, ch. 257 pledged to secure indebtedness

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issued at any time pursuant to P.L. 1962, ch. 257 as amended.

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     (1) Any person who purports to be a resident of this state but who is an undocumented

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alien resident shall not be eligible for in-state tuition and fees at Rhode Island state institutions of

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higher education, including the Community College of Rhode Island, Rhode Island College, and

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the University of Rhode Island. A student who: (i) Is not a United States citizen; (ii) Is not a

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permanent resident of the United States; or (iii) Is neither a student nor an unemancipated student

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whose parents have been granted authorization by the United States Department of Homeland

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Security to remain in the United States in a status that allows him or her to establish a domicile in

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the United States, shall not be eligible for such in-state tuition and fees, notwithstanding any

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order or directive of the governor, board of governors for higher education or other official to the

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contrary.

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     (2) The fact that a student has attended an approved Rhode Island high school for three

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(3) or more years and continues to live in Rhode Island, and/or has graduated from an approved

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Rhode Island high school or received a high school equivalency diploma from the state of Rhode

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Island, and/or has filed an affidavit indicating an intent to file an application for lawful

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immigration status, shall not be sufficient by itself to establish residency for purposes of in-state

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tuition and fees.

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     (d) All housing, dining, and other auxiliary facilities at all public institutions of higher

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learning shall be self-supporting and no funds shall be appropriated by the general assembly to

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pay operating expenses, including principal and interest on debt services, and overhead expenses

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for the facilities. Any debt service costs on general obligation bonds presented to the voters in

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November 2000 and November 2004 or appropriated funds from the Rhode Island capital plan for

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the housing auxiliaries at the University of Rhode Island and Rhode Island College shall not be

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subject to this self-supporting requirement in order to provide funds for the building construction

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and rehabilitation program. The institutions of public higher education will establish policies and

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procedures which enhance the opportunity for auxiliary facilities to be self-supporting, including

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that all faculty provide timely and accurate copies of booklist for required textbooks to the public

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higher educational institution's bookstore.

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     (e) The additional costs to achieve self-supporting status shall be by the implementation

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of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,

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operating expenses, principal, and interest on debt services, and overhead expenses.

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     SECTION 2. This act shall take effect upon passage.

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LC00874

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - BOARD OF GOVERNORS FOR HIGHER EDUCATION

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     This act would provide that persons who cannot show that they are U.S. citizens, or U.S.

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permanent residents, or have not been granted certain status from the United States Department of

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Homeland Security, would not be able to obtain in-state tuition rates and fees at the state

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institutions of higher education, notwithstanding any order or directive of the governor, the board

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of governors for higher education or other official to the contrary.

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     This act would take effect upon passage.

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LC00874

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