2012 -- H 8052

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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 - FOUNDATION LEVEL SCHOOL SUPPORT

     Introduced By: Representatives Lima, Messier, Phillips, Fellela, and Guthrie

     Date Introduced: April 05, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-7-41.1 of the General Laws in Chapter 16-7 entitled

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"Foundation Level School Support" is hereby amended to read as follows:

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     16-7-41.1. Eligibility for reimbursement. -- School districts, not municipalities, may

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apply for and obtain approval for a project under the necessity of school construction process set

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forth in the regulations of the board of regents for elementary and secondary education. Such

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approval will remain valid until June 30 of the third fiscal year following the fiscal year in which

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the board of regents for elementary and secondary education's approval is granted. Only those

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projects undertaken at school facilities under the care and control of the school committee and

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located on school property may qualify for reimbursement under sections 16-7-35 -- 16-7-47.

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Facilities with combined school and municipal uses or facilities that are operated jointly with any

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other profit or non-profit agency do not qualify for reimbursement under sections 16-7-35 -- 16-7-

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47. Projects completed by June 30 of a fiscal year are eligible for reimbursement in the following

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fiscal year. A project for new school housing or additional housing shall be deemed to be

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completed when the work has been officially accepted by the school committee or when the

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housing is occupied for its intended use by the school committee, whichever is earlier.

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      Notwithstanding the provisions of this section, the board of regents shall not grant final

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approval for any project between June 30, 2011 and June 30, 2014 except for projects that are

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necessitated by immediate health and safety reasons. In the event that a project is requested

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during the moratorium because of immediate health and safety reasons, those proposals shall be

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reported to the chairs of the house and senate finance committees.

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      Any project approval granted prior to the adoption of the school construction regulations

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in 2007, and which are currently inactive; and any project approval granted prior to the adoption

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of the school construction regulations in 2007 which did not receive voter approval or which has

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not been previously financed, are no longer eligible for reimbursement under this chapter. The

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department of elementary and secondary education shall develop recommendations for further

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cost containment strategies in the school housing aid program.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - FOUNDATION LEVEL SCHOOL SUPPORT

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     This act would repeal a moratorium providing that the board of regents for elementary

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and secondary education would not grant final approval for most school construction projects

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between June 30, 2011, and June 30, 2014. This act would also provide that inactive projects

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whose approval was granted prior to adoption of the school construction regulations in 2007 and

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certain other projects would no longer be eligible for reimbursement under chapter 16-7.

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     This act would take effect upon passage.

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LC02371

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