2025 -- S 1039 | |
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LC002860 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND LIFE SCIENCE HUB | |
ACT | |
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Introduced By: Senators DiPalma, Felag, Gallo, Tikoian, and Ciccone | |
Date Introduced: May 09, 2025 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 23-99-3, 23-99-4, 23-99-5 and 23-99-6 of the General Laws in |
2 | Chapter 23-99 entitled "The Rhode Island Life Science Hub Act" are hereby amended to read as |
3 | follows: |
4 | 23-99-3. Definitions. |
5 | As used in this chapter, the following words shall have the following meanings: |
6 | (1) “Affiliate” means any person or company who or that directly or indirectly controls or |
7 | is controlled by or is under direct or indirect common control of another company or person |
8 | including, but not limited to, any company that is merged or consolidated, or that purchases all or |
9 | substantially all of the assets of another company. |
10 | (2) “Board” means the board of directors of the hub. |
11 | (3) “Certification proposal” means a written proposal submitted by a life science company |
12 | for approval as a certified life sciences company. |
13 | (4) “Certified life sciences company” means a life science company that has been certified |
14 | by the board as being eligible to receive grants and incentives from the investment fund. |
15 | (5) “Commerce corporation” means the Rhode Island commerce corporation, established |
16 | pursuant to § 42-64-1 et seq. |
17 | (6) “Company” means a business corporation, partnership, firm, unincorporated |
18 | association, or other entity engaged or proposing to engage in economic activity within the state, |
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1 | and any affiliate thereof. |
2 | (7) “Hub” means the Rhode Island life science hub established by § 23-99-4. |
3 | (8) “Investment fund” means the hub investment fund established by § 23-99-6. |
4 | (9) “Life science” means and shall include, but not be limited to, the science of: medical |
5 | devices, biomedical technology, medical therapeutic therapies, biogenetics, biomedical |
6 | engineering, biopharmaceuticals, genomics, biomanufacturing, cell and gene therapies, health |
7 | software and artificial intelligence, genomics, diagnostics, digital health, marine science, |
8 | agricultural science, veterinary science and related fields the broader life sciences to foster the |
9 | development of cutting-edge medical breakthroughs. |
10 | (10) “Life science company” means a company engaged in life science research, |
11 | development, manufacturing, incubation, or commercialization in Rhode Island, and any affiliate |
12 | thereof. |
13 | (11) “Life sciences industry” means the fields of medical devices, biomedical technology, |
14 | medical therapeutic therapies, biogenetics, biomedical engineering, biopharmaceuticals, genomics, |
15 | biomanufacturing, diagnostics, digital health, and related fields. |
16 | (12)(11) “Person” means a natural person, company, or other legal entity. |
17 | (12) "Revenue" means receipts, fees, rentals or other payments or income received or to be |
18 | received by the hub in the exercise of its corporate powers under this chapter including, but not |
19 | limited to, income on account of the leasing, mortgaging, sale or other disposition of property or |
20 | proceeds of a loan made by the hub, and amounts in reserves or held in other funds or accounts |
21 | established in connection with the issuance of bonds or notes and the proceeds of any investments |
22 | thereof, proceeds of foreclosure and other fees, charges or other income received or receivable by |
23 | the hub. |
24 | (13) “State” means the state of Rhode Island. |
25 | (14) "State public body" means the state, or any city or town or any other subdivision or |
26 | public body of the state or of any city or town. |
27 | (14)(15) “Venture” means, without limitation, any contractual arrangement with any |
28 | person whereby the corporation obtains rights from or in an invention or product or proceeds |
29 | therefrom, or rights to obtain from any person any and all forms of equity instruments including, |
30 | but not limited to, common and preferred stock, warrants, options, convertible debentures, and |
31 | similar types of instruments exercisable or convertible into capital stock, in exchange for the |
32 | granting of financial aid to such person. |
33 | 23-99-4. Rhode Island life science hub established. |
34 | (a) There is hereby constituted as an independent public a public corporation for the |
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1 | purposes set forth in this chapter with a separate legal existence from the state to be known as the |
2 | Rhode Island life science hub hereinafter to be referred to as the “hub”. The exercise by the hub of |
3 | the powers conferred by this chapter shall be considered to be the performance of an essential |
4 | governmental function and the hub shall be considered a "constituted authority" of the state acting |
5 | on behalf of the state for federal tax purposes. |
6 | (b) The hub shall be governed and its corporate powers exercised by a board of directors |
7 | consisting of fifteen (15) sixteen (16) directors: seven (7) fifteen (15) of whom shall be appointed |
8 | by the governor, and one of whom shall be the person the board hires from time to time as president |
9 | and chief executive officer of the hub. The president and chief executive officer of the hub shall |
10 | serve ex officio and, except as otherwise provided in § 23-99-4(k), shall not be a voting member of |
11 | the board of directors. The fifteen (15) directors appointed by the governor shall consist of seven |
12 | (7) public directors and eight (8) institutional directors. The seven (7) public directors shall have |
13 | the following qualifications: one of whom shall be a senior executive with extensive background |
14 | in the banking, grant making, and or fundraising fields, or his or her designee; one of whom shall |
15 | be a member of a life science trade association, or his or her designee,; one of whom shall be the |
16 | president or a senior executive of a Rhode Island based life science company, or his or her |
17 | designee,; two (2) of whom shall be senior executives of Rhode Island based life science companies |
18 | specializing in biomanufacturing, or his or her designees,; one of whom shall be a representative |
19 | of organized labor, or his or her designee,; and one of whom shall be a member of the public who |
20 | shall be a certified public accountant and a member of the Rhode Island society of certified public |
21 | accountants, or his or her designee.; The eight (8) institutional directors shall have the following |
22 | qualifications: one of whom shall be the secretary of commerce, ex officio; three (3) of whom shall |
23 | be the president of Rhode Island college, ex officio, or his or her designee, the president of the |
24 | university of Rhode Island, ex officio, or his or her designee, and the president of Brown university, |
25 | ex officio, or his or her designee; one of whom shall be the dean of the Warren Alpert Medical |
26 | School of Brown university, ex officio, or his or her designee; one of whom shall be the president |
27 | and chief executive officer of the Lifespan Corporation Brown university health, ex officio, or his |
28 | or her designee; one of whom shall be the president and chief executive officer of Care New |
29 | England Health System, ex officio, or his or her designee; and one of whom shall be an ex officio |
30 | director who shall also be the director of economic development for the city of Providence, ex |
31 | officio, or his or her designee. To the extent that an institution takes on a new legal name, the |
32 | institutional director shall continue to serve as an institutional director without the need for |
33 | reappointment. To the extent that an institution merges, converts, consolidates with, or sells or |
34 | transfers all or substantially all of its assets to another company and such company retains its |
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1 | primary operations in the state, the chief executive officer of such company shall be qualified for |
2 | appointment as an institutional director in accordance with this section. |
3 | (c) The chair of the board shall be appointed by the governor, with the advice and consent |
4 | of the senate, and shall be an individual who served in the capacity as a senior executive with |
5 | extensive background in the banking, grant making, and or fundraising fields. The vice-chair of the |
6 | board shall be the secretary of commerce. All directors, including ex officio directors, shall be |
7 | voting members of the board of directors, except for the director serving as president and chief |
8 | executive officer of the hub, who shall not be a voting member of the board. Eight (8) voting |
9 | directors shall constitute a quorum, and any action to be taken by the board under the provisions of |
10 | this chapter may be authorized by resolution approved by a majority of the directors present and |
11 | entitled to vote at any regular or special meeting at which a quorum is present. No votes on the |
12 | certification of any life science company nor on the allocation or award of any investment fund |
13 | resources to any certified life science company shall be taken unless the chair is present and voting. |
14 | A vacancy in the membership of the board of directors shall not impair the right of a quorum to |
15 | exercise all of the rights and perform all of the duties of the board. Pursuant to § 42-46-5(b)(6), |
16 | board directors are authorized to participate remotely using videoconferencing technology in open |
17 | public meetings of the board; provided, however, that: |
18 | (1) The remote director(s) and all persons present at the meeting location are clearly audible |
19 | and visible to each other; |
20 | (2) A quorum of the body is participating, either in person or by the use of remote |
21 | videoconferencing technology; |
22 | (3) A member of the board voting director who participates in a meeting of the board |
23 | remotely shall be considered present for purposes of a quorum and voting; |
24 | (4) If videoconferencing is used to conduct a meeting, the public notice for the meeting |
25 | shall inform the public that videoconferencing will be used and include instructions on how the |
26 | public can access the virtual meeting; and |
27 | (5) The board shall adopt rules defining the requirements of remote participation including |
28 | its use for executive session, and the conditions by which a director is authorized to participate |
29 | remotely. |
30 | (d) Each board member public director shall serve a an initial term of four (4) years. At the |
31 | expiration of the initial terms of public directors in January 2028, the governor shall appoint two |
32 | (2) directors for a term of four (4) years, two (2) directors for a term of three (3) years, two (2) |
33 | directors for a term of two (2) years, and one director for a term of one year. Thereafter, the |
34 | governor shall appoint a new public director or directors to succeed the public director or directors |
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1 | whose terms then next expire, to serve a term of four (4) years. The president and chief executive |
2 | officer shall have a board term coextensive with such person's employment contract with the hub. |
3 | In the event that the chair of the board position becomes vacant for any reason, or the chair is not |
4 | able to perform the duties of that position for any reason, the vice chair shall serve as the interim |
5 | chair until the chair is able to resume the chair’s duties; provided, however, in the event that the |
6 | chair is not able to resume the chair’s duties in that position, the governor shall appoint a new chair |
7 | and, in making this appointment, the governor shall give due consideration to appointing an |
8 | individual from a list of six (6) candidates, three (3) of whom shall be provided to the governor by |
9 | the speaker of the house and three (3) of whom shall be provided to the governor by the president |
10 | of the senate. Any person appointed to fill a vacancy in the office of an appointed a public director |
11 | of the board shall be appointed in a like manner and shall serve for the unexpired term of such |
12 | public director. Any director shall be eligible for reappointment. |
13 | (e) The public director of the board who is a member of the public and who is a certified |
14 | public accountant and a member of the Rhode Island society of certified public accountants shall |
15 | serve as treasurer and shall be charged with keeping the funds, books of account, and accounting |
16 | records of the hub. No grants, tax credits, loans or other financings, or incentives shall be issued by |
17 | the hub to any certified life science company without the approval of the board and the signature |
18 | of the treasurer. The board shall annually elect a secretary who shall keep a record of the |
19 | proceedings of the board and shall be custodian of all books, documents, and papers. |
20 | (f) Board directors, other than the director who serves as the president and chief executive |
21 | officer of the hub, shall serve without compensation, but each director shall be entitled to |
22 | reimbursement for actual, reasonable, and necessary expenses while engaged in the performance |
23 | of official duties. Board directors, officers, and employees shall not be liable to the state, the hub, |
24 | or to any other person as a result of their activities except for malfeasance in office or intentional |
25 | violations of law. |
26 | (g) The board shall establish an application review committee consisting of not less than |
27 | three (3) directors of the board, which shall review certification proposals submitted by life sciences |
28 | companies that shall be supported by independently verifiable information, and the board shall |
29 | make a record of findings based on the certification proposal, documents submitted therewith, and |
30 | any additional evidence that the life science company meets all criteria that the hub may prescribe. |
31 | (h) Certified life science companies shall be eligible to receive funding from the hub, upon |
32 | a majority vote of the board, for the following benefits which shall be awarded by the board on a |
33 | competitive basis: |
34 | (1) Grants, loans, or other investments; |
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1 | (2) Assistance from the hub in obtaining federal, state, and nonprofit monies; or |
2 | (3) Assistance from the hub in facilitating clinical trials. |
3 | (i) Notwithstanding any other provisions of law in relation to their tenure of office, the |
4 | governor may remove any board director, including institutional directors, for the neglect of any |
5 | duty required by law, incompetence, unprofessional conduct, or willful misconduct. If an |
6 | institutional director is so removed, such institutional director's designee shall serve on the board |
7 | in his or her place for the remainder of his or her term. |
8 | (j) Each director shall make full disclosure, in accordance with §§ 36-14-1 — 36-14-7, of |
9 | any financial interest, if any, in any matter before the board. Such interest must be disclosed in |
10 | advance to the directors of the board, recorded in the minutes of the board, and the director having |
11 | such an interest shall recuse themselves and shall not participate in any decision of the board |
12 | relating to such interest. |
13 | (k) With the advice and consent of the senate, the board shall have the power to hire a |
14 | president, who shall also serve as the chief executive officer of the hub and who shall be a non- |
15 | voting member of the board of directors, but who shall be entitled to vote as a member of any |
16 | advisory committee to which the president/chief executive officer is appointed. The board also shall |
17 | have the power to establish compensation and conditions of employment for the president and chief |
18 | executive officer; provided, further, the board shall have the power to hire other employees and |
19 | establish compensation and conditions of employment for such employees. |
20 | (l) The commerce corporation shall provide operating quarters for the hub for, at a |
21 | minimum, the first year of the hub’s operation. |
22 | (m) In addition to the application review committee, the board may establish one or more |
23 | advisory committees, each consisting of not less than three (3) and not more than seven (7) |
24 | directors, which may also include persons who are not directors, which committees shall support |
25 | the board on science, technology and other matters. Such advisory committees shall keep records |
26 | of their findings and recommendations. |
27 | (n) The hub shall continue as long as it shall have bonds outstanding and until its existence |
28 | is terminated by law. Upon the termination of the existence of the hub, all right, title and interest in |
29 | and to all of its assets and all of its obligations, duties, covenants, agreements and obligations shall |
30 | vest in and be possessed, performed and assumed by the state and no part of the earnings of the hub |
31 | shall inure to the benefit of any private person. |
32 | 23-99-5. Hub powers. |
33 | The hub shall have the following powers and all powers necessary to carry out and |
34 | effectuate its purposes, including, without limitation, all powers necessary for the performance of |
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1 | the following: |
2 | (1) To have perpetual succession as a public corporate body and agency of the state and to |
3 | adopt bylaws, rules, regulations, and procedures for its governance and conduct of its business; |
4 | (2) To act as the central entity and coordinating organization of life sciences initiatives on |
5 | behalf of the state and to work in collaboration with governmental entities, persons, companies, |
6 | state public bodies, centers, hubs, academic institutions, healthcare systems and facilities to |
7 | promote life sciences such initiatives; |
8 | (3) To engage accountants, architects, attorneys, engineers, planners, real estate experts, |
9 | and other consultants as may be necessary in its judgment to carry out the purposes of this chapter; |
10 | (4) To obtain insurance coverage including, but not limited to, director and officer |
11 | insurance for board directors, officers, and employees in order to indemnify said persons against |
12 | the claims of others; |
13 | (5) To administer the investment fund in accordance with § 23-99-6, and such other funds |
14 | and accounts as the hub may establish from time to time, for the purposes of making appropriations, |
15 | allocations, investments, grants, research and other funding, or loans; |
16 | (6) To apply for and accept revenues including, but not limited to, contributions of any |
17 | source of money, property, labor, or any other things of value, and to invest, disburse, appropriate, |
18 | grant, loan, or allocate any funds to the purposes of this chapter including, but not limited to, for |
19 | the purpose of investing in any life science initiative; |
20 | (7) To create access to capital, funding, and business attraction, retention and support |
21 | programs and to enter into all contracts and agreements necessary or convenient thereto; |
22 | (8) To enter into venture agreements with persons, upon such terms and on such conditions |
23 | as are consistent with the purposes of this chapter, for the advancement of financial aid to such |
24 | persons for the research, development, and application of specific technologies, products, |
25 | procedures, services, and techniques, to be developed and produced in this state, and to condition |
26 | such agreements upon contractual assurances that the benefits of increasing or maintaining |
27 | employment and tax revenues shall remain in this state and shall accrue to it; |
28 | (9) To enter into contracts and agreements, whether governmental or proprietary, to further |
29 | scientific research in the state, aid in the promotion of the health of residents, foster life sciences |
30 | jobs in the life sciences, and promote overall economic growth in the field of life sciences industry |
31 | and to carry out the purposes of this chapter, and all such contracts and agreements of the hub |
32 | entered into under the authority of this chapter are authorized to have a term not to exceed twenty |
33 | (20) years; and |
34 | (10) To borrow money and to issue and refund bonds, notes, and any other obligations, and |
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1 | apply the proceeds thereof for any of its corporate purposes as provided in this chapter, which |
2 | bonds, notes, or other obligations may be issued at fixed or variable rates, with a maximum maturity |
3 | of thirty (30) years and which bonds, notes and obligations of the hub, shall be subject to the |
4 | provisions of chapter 18 of title 35 (“Rhode Island public corporation debt management”). to the |
5 | extent that such bonds, notes, or other obligations finance "essential public facilities" or are secured |
6 | by a "financing lease" or "guarantee" of the state, as such terms are defined in the Rhode Island |
7 | public corporation debt management act; |
8 | (11) In connection with the issuance of bonds and notes, to enter into indentures, trust |
9 | agreements, credit facilities, liquidity facilities or other agreements providing for: |
10 | (i) A mortgage, pledge or assignment of, or security interest in, any property of the hub, |
11 | including, but not limited to, hub revenues, funds and accounts; and |
12 | (ii) Any additional covenants and provisions, including, without limiting the generality of |
13 | the foregoing, provisions defining defaults and providing for remedies in the event thereof, that are |
14 | deemed desirable or necessary by the hub for the security of the holders of the bonds and notes; |
15 | (12) To have a seal, which may be altered at pleasure and to use the seal by causing it, or |
16 | a facsimile of the seal, to be impressed or affixed, or in any other manner reproduced; |
17 | (13) To sue and be sued, to prosecute and defend actions relating to its properties and |
18 | affairs, and to be liable in tort in the same manner as a private person; provided, however, that the |
19 | hub is not authorized to become a debtor under the United States Bankruptcy Code or receivership |
20 | laws of the state; |
21 | (14) To acquire real and personal property, or any interest in real or personal property, by |
22 | gift, purchase, transfer, foreclosure, lease, or otherwise including rights or easements; to hold, sell, |
23 | assign, lease, encumber, mortgage, grant or otherwise dispose of any real or personal property, or |
24 | any interest therein, or mortgage any interest owned by it or under its control, custody or in its |
25 | possession; to improve, maintain, equip and furnish such real or personal property or such interest; |
26 | to release, relinquish or forgive, any right, title, claim, lien, interest, easement or demand however |
27 | acquired, including any equity or right of redemption in property foreclosed by it; to take |
28 | assignments of leases and rentals, proceed with foreclosure actions, or take any other actions in |
29 | furtherance of, or necessary or convenient to the performance of its corporate powers and purposes; |
30 | (15) To invest any funds held in reserves or sinking funds, or the hub investment fund, or |
31 | any funds not required for immediate disbursement, in such investments as the state investment |
32 | commission is authorized to invest pursuant to chapter 10 of title 35; |
33 | (16) To appear on its own behalf before boards, commissions, departments or other |
34 | agencies of municipal, state or federal government; |
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1 | (17) To establish and collect such rents, fees and charges as the hub without further |
2 | appropriation shall determine to be reasonable; and to receive and apply revenues from rents, fees |
3 | and charges to the purposes of the hub or allotment by the state or any political subdivision thereof; |
4 | (18) To prepare, publish and distribute, with or without charge, as the hub may determine, |
5 | such studies, reports and bulletins and other material as the hub deems appropriate; |
6 | (19) To lease or sell any property to, or purchase any property from, a state public body. |
7 | Any lease by the hub to a state public body may be for a period, upon terms and conditions, with |
8 | or without an option to purchase, that the hub may determine. In connection with any such lease, |
9 | sale or purchase: |
10 | (i) The provisions of any charter, other laws, general, special, or local, ordinances or of any |
11 | rule or regulation of any state public body, restricting or regulating in any manner the power of any |
12 | state public body to lease (as lessee or lessor) or sell property, real, personal, or mixed, shall not |
13 | apply to leases and sales made with the hub pursuant to this chapter; and |
14 | (ii) Any municipality, notwithstanding any contrary provision of any charter, other laws or |
15 | ordinances, general, special or local, or of any rule or regulations of the state or any municipality, |
16 | is authorized and empowered to lease, lend, pledge, grant, or convey to the hub, at its request, upon |
17 | terms and conditions that the chief executive officer of the municipality, if any, or where no chief |
18 | executive officer exists, the city or town council of the municipality, may deem reasonable and fair |
19 | and without the necessity for any advertisement, order of court, or other action or formality, any |
20 | real property or personal property which may be necessary or convenient to the effectuation of the |
21 | authorized purpose of the hub, including public roads and other real property already devoted to |
22 | public use; and, subject to what has been stated, the municipality consents to the use of all lands |
23 | owned by the municipality which are deemed by the hub to be necessary or convenient for its |
24 | purposes; |
25 | (20) To organize and operate venture capital funds to provide capital to early-stage life |
26 | science companies in the state in exchange for equity and pro rate distributions of net profits, which |
27 | venture capital funds may be structured as general partnerships and/or limited partnerships with the |
28 | hub as a general and/or limited partner, and limited liability companies, with the hub as a member |
29 | or manger; provided that, no state funds appropriated to the hub, and no net profits received on |
30 | such state funds, may be paid to any for-profit company or person investing in such venture capital |
31 | funds; |
32 | (21) To contract for the acquisition of any of its properties by the federal government; and |
33 | to contract with any state, federal, or municipal agencies for the performance of any services |
34 | essential or convenient to its purposes under this chapter; |
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1 | (22) To create, empower or otherwise establish one or more nonprofit corporations for the |
2 | purpose of receiving charitable contributions for the benefit of the hub supporting the hub's |
3 | corporate purposes and lessening the burdens of government, and whose organizational documents |
4 | shall: |
5 | (i) Include a conflict of interest policy; and |
6 | (ii) Provide that, upon termination of such nonprofit corporation's existence, all right, title |
7 | and interest in and to all such nonprofit corporation's assets shall vest in the hub, in another |
8 | nonprofit corporation, or in the state; and |
9 | (23) To take any actions necessary or convenient to the exercise of any power or the |
10 | discharge of any duty provided for by this act. |
11 | 23-99-6. Hub investment fund. |
12 | (a) There shall be established and placed within the hub, a fund or funds to be known as |
13 | the Rhode Island life science investment fund, hereinafter referred to as the “fund”, to be held by |
14 | the hub to finance the operations and initiatives of the hub. The investment fund shall be credited |
15 | any appropriations, bond proceeds, federal grants, or loans, or other such additional funds as are |
16 | subject to the direction and control of the hub, which may properly be applied in furtherance of the |
17 | objectives of the hub. |
18 | (b) The investment fund shall be held and applied by the hub to make qualified investments, |
19 | grants, research and other funding, and or loans designed to advance public purposes for the field |
20 | of life science industry in the state and shall use the fund for such purposes. |
21 | (c) The state shall not be liable for the payment of the principal of, or interest on, any bonds |
22 | or notes of the hub, or for the performance of any pledge, mortgage, obligation, or agreement of |
23 | any kind whatsoever that may be undertaken by the hub, and none of the bonds or notes of the hub |
24 | nor any of its agreements or obligations shall be construed to constitute an indebtedness of the state. |
25 | Payments related to any transaction involving, or investment by, the hub shall be payable solely |
26 | from the fund assets, property or revenues of the hub. |
27 | (d) All monies received by the hub pursuant to the authority of this chapter, whether as |
28 | proceeds from the sale of bonds or as revenues, are deemed to be trust funds to be held and applied |
29 | solely as provided in this chapter. Any officer with whom, or any bank or trust company with |
30 | which, the monies are deposited, shall act as trustee of the monies and shall hold and apply the |
31 | monies for the purposes of this chapter, subject to regulations as this chapter and the resolution |
32 | authorizing the bonds of any issue or the trust agreement securing the bonds may provide. |
33 | (d)(e) The board shall promulgate rules, regulations, or guidelines necessary to carry out |
34 | the provisions of this section. |
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1 | SECTION 2. Chapter 23-99 of the General Laws entitled "The Rhode Island Life Science |
2 | Hub Act" is hereby amended by adding thereto the following sections: |
3 | 23-99-10. Exemption from taxation. |
4 | (a) The exercise of the powers granted by this chapter shall be, in all respects, for the benefit |
5 | of the people of this state, the increase of their commerce, welfare, and prosperity and for the |
6 | improvement of their health and living conditions and will constitute the performance of an |
7 | essential governmental function and the hub shall not be required to pay any taxes or assessments |
8 | upon or in respect of any property or monies of the hub, levied by any municipality or political |
9 | subdivision of the state; |
10 | (b) The hub shall not be required to pay state taxes of any kind, and the hub, its property |
11 | and monies and, except for estate, inheritance, and gift taxes, any bonds or notes issued under the |
12 | provisions of this chapter and the income (including gain from sale or exchange) from these shall |
13 | at all times be free from taxation of every kind by the state and by the municipalities and all political |
14 | subdivisions of the state. The hub shall not be required to pay any transfer tax of any kind on |
15 | account of instruments recorded by it or on its behalf. |
16 | 23-99-11. Agreement of the state. |
17 | The state does pledge to and agree with the holders of any bonds or notes issued under this |
18 | chapter that the state will not limit or alter the rights vested in the Rhode Island life science hub to |
19 | fulfill the terms of any agreements made with the holders until the bonds or notes, together with |
20 | the interest on these bonds and notes, with interest on any unpaid installments of interest, and all |
21 | costs and expenses in connection with any action or proceeding by or on behalf of the holders, are |
22 | fully met and discharged. The hub is authorized to include this pledge and agreement of the state |
23 | in any agreement with the holders of the bonds or notes. |
24 | 23-99-12. Bonds eligible for investment. |
25 | The notes and bonds of the hub shall be legal investments in which all public officers and |
26 | public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, |
27 | all insurance companies and associations and other persons carrying on an insurance business, all |
28 | banks, bankers, banking institutions including savings and loan associations, building and loan |
29 | associations, trust companies, savings banks and savings associations, investment companies and |
30 | other persons carrying on a banking business, all administrators, guardians, executors, trustees, and |
31 | other fiduciaries, and all other persons who are now or may hereafter be authorized to invest in |
32 | bonds or in other obligations of the state, may properly and legally invest funds, including capital, |
33 | in their control or belonging to them. The notes and bonds are also made securities which may |
34 | properly and legally be deposited with and received by all public officers and bodies of the state or |
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1 | any agency or political subdivision of the state and all municipalities and public corporations for |
2 | any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter |
3 | be authorized by law. |
4 | 23-99-13. Lien status -- Recording. |
5 | Notwithstanding any provision of any other law, including the uniform commercial code: |
6 | (1) Any pledge or assignment of revenues of any kind, funds, property, or assets made |
7 | pursuant to the provisions of this chapter by the hub shall be valid and binding against all parties |
8 | having claims of any kind in tort, contract, or otherwise, whether or not the parties have notice |
9 | thereof, and shall be deemed continuously perfected from the time it is made. |
10 | (2) The revenues, funds, property, or assets, rights therein and thereto and proceeds so |
11 | pledged and then held or thereafter acquired or received by the hub shall immediately be subject to |
12 | the lien of such pledge without any physical delivery or segregation thereof or further act; |
13 | (3) No filing of any kind with respect to a pledge or assignment need be made under the |
14 | uniform commercial code, as amended, or otherwise; and |
15 | (4) For the purposes of this section, the word "pledge" shall be construed to include the |
16 | grant of a security interest under the uniform commercial code. |
17 | SECTION 3. This act shall take effect upon passage and shall apply retroactively to |
18 | September 1, 2023. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND LIFE SCIENCE HUB | |
ACT | |
*** | |
1 | This act would make technical amendments to the Rhode Island life science hub regarding |
2 | the terms of the directors, advisory committees, powers, disposition of hub assets upon termination, |
3 | and tax status as a governmental unit which is a separate legal entity from the state. The |
4 | amendments would make the hub, its property, and its bonds exempt from federal, state and local |
5 | taxes and would authorize the hub to form venture capital funds and nonprofits to accept donations |
6 | for the hub's purposes. The amendments would make the president and CEO an ex officio member |
7 | of the board of directors. |
8 | This act would take effect upon passage and would apply retroactively to September 1, |
9 | 2023. |
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