§ 16-59-9 — § 16-59-9. Educational budget and appropriations.

§ 16-59-9. Educational budget and appropriations.

(a) The general assembly shall annually appropriate any sums it deems necessary for support and maintenance of higher education in the state and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the appropriations or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him or her of proper vouchers as the council on postsecondary education may by rule provide. The council shall receive, review, and adjust the budget for the office of postsecondary commissioner and present the budget as part of the budget for higher education under the requirements of § 35-3-4.

(b) The office of postsecondary commissioner and the institutions of public higher education shall establish working capital accounts.

(c) Any tuition or fee increase schedules in effect for the institutions of public higher education shall be received by the council on postsecondary education for allocation for the fiscal year for which state appropriations are made to the council by the general assembly; provided that no further increases may be made by the board of education or the council on postsecondary education for the year for which appropriations are made. Except that these provisions shall not apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode Island, Rhode Island college, and the community colleges including student fees as described in P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 as amended.

(d) All housing, dining, and other auxiliary facilities at all public institutions of higher learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay operating expenses, including principal and interest on debt services, and overhead expenses for the facilities, with the exception of the mandatory fees covered by the Rhode Island promise scholarship program as established by § 16-107-3 and the Rhode Island hope scholarship established by § 16-113-3. Any debt-service costs on general obligation bonds presented to the voters in November 2000 and November 2004 or appropriated funds from the Rhode Island capital plan for the housing auxiliaries at the university of Rhode Island and Rhode Island college shall not be subject to this self-supporting requirement in order to provide funds for the building construction and rehabilitation program. The institutions of public higher education will establish policies and procedures that enhance the opportunity for auxiliary facilities to be self-supporting, including that all faculty provide timely and accurate copies of booklists for required textbooks to the public higher educational institution's bookstore.

(e) The additional costs to achieve self-supporting status shall be by the implementation of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, operating expenses, principal, and interest on debt services, and overhead expenses.

(f) The board of education is authorized to establish two (2) restricted-receipt accounts for the higher education and industry centers established throughout the state: one to collect lease payments from occupying companies, and fees from room and service rentals, to support the operation and maintenance of the facilities; and one to collect donations to support construction, operations and maintenance. All such revenues shall be deposited to the restricted-receipt accounts.

(g) Notwithstanding subsections (a) and (d) of this section or any provisions of this title, to the extent necessary to comply with the provisions of any outstanding bonds issued by the Rhode Island health and educational building corporation or outstanding lease certificates of participation, in either case, issued for the benefit of the university of Rhode Island, the community college of Rhode Island, and/or Rhode Island college, to the extent necessary to comply with the provisions of any such bonds or certificates of participation, the general assembly shall annually appropriate any such sums it deems necessary from educational and general revenues (including, but not limited to, tuition) and auxiliary enterprise revenues derived from the university of Rhode Island, the community college of Rhode Island and Rhode Island college, to be allocated by the council on postsecondary education or by the board of trustees of the university of Rhode Island, as appropriate, in accordance with the terms of the contracts with such bondholders or certificate holders.

(h) The board of education is authorized to establish a restricted-receipt account for income generated by the Rhode Island nursing education center through the rental of classrooms, laboratories, or other facilities located on the Providence campus of the nursing education center. All such revenues shall be deposited to the restricted receipt account.

(i) The board of education is authorized to establish a restricted-receipt account for the receipt and expenditure of monies received from IGT Global Solutions Corporation for the purpose of financing scholarships relating to studying science, technology, engineering, or mathematics at an accredited educational institution. This account shall be housed within the budget of the office of the postsecondary commissioner and exempt from the indirect cost recovery provisions of § 35-4-27.

Legislative History

P.L. 1981, ch. 32, § 3; P.L. 1984, ch. 245, art. XVI, § 1; P.L. 1985, ch. 181, art. 8, § 1; P.L. 1986, ch. 287, art. 9, § 1; P.L. 1987, ch. 118, art. 8, § 1; P.L. 1988, ch. 129, art. 6, § 1; P.L. 1989, ch. 126, art. 6, § 1; P.L. 1990, ch. 65, art. 6, § 1; P.L. 1993, ch. 138, art. 79, § 1; P.L. 2000, ch. 55, art. 5, § 7; P.L. 2000, ch. 177, § 1; P.L. 2001, ch. 86, § 54; P.L. 2004, ch. 595, art. 5, § 7; P.L. 2004, ch. 595, art. 34, § 1; P.L. 2014, ch. 145, art. 20, § 5; P.L. 2016, ch. 142, art. 12, § 1; P.L. 2017, ch. 302, art. 3, § 2; P.L. 2018, ch. 47, art. 2, § 1; P.L. 2019, ch. 88, art. 9, § 6; P.L. 2020, ch. 80, art. 1, § 37; P.L. 2022, ch. 231, art. 2, § 1, effective July 1, 2022; P.L. 2023, ch. 79, art. 8, § 4, effective June 16, 2023.