Chapter 130

2009 -- H 6276

Enacted 07/16/09

 

A N A C T

RELATING TO EDUCATION     

     

     Introduced By: Representative Nicholas A. Mattiello

     Date Introduced: June 16, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

 

     CHAPTER 89

UNIFORM SCHOOL DISTRICT GRANT, GIFT AND DONATION ACCEPTANCE AND

EXPENDITURE ACT OF 2009

 

     16-89-1. Short title. This act shall be known and may be cited as the "Grant, Gift and

Donation Acceptance and Expenditure Act of 2009."

 

     16-89-2. Findings of fact. The general assembly makes the following findings of fact:

     (1) The present financial resources of cities, towns and the state are stretched to their

limit with regard to providing adequate funding for education, yet the need to fund public

education at its present level remains unabated.

     (2) School districts, school departments, and school committees are limited in their ability

to seek alternative sources of funding for budgetary items outside of the annual appropriation of

state aid to education and municipal tax levies.

 

     16-89-3. Purpose. The purpose of this chapter is:

     (1) To enable and allow school districts, school departments, and school committees to

accept grants, gifts and donations from any private individual, public or private business entity,

any government or governmental subdivision thereof, including quasi-public agencies; and

     (2) To restrict the expenditure of such grants, gifts and donations to a specific school

district, school department, or school committee programming or a facility related need as

specified according to the terms of the gift, grant or donation as conditioned by the grantor, giftor

or donor.

 

     16-89-4. Grants, gifts and donations. - Acceptance and expenditure. – Any school

district, school department or school committee may accept any and all gifts, grants and donations

of money, equipment, supplies, materials, services and any other contribution of value,

conditional or otherwise, from any local, state, or federal government or governmental

subdivision thereof, including quasi-public agencies of any kind, or from any person, firm,

association, foundation, corporation or business entity for use in any program or facility thereof;

provided, however, that the gift, grant or donation is utilized and disposed of pursuant to the

express terms or conditions stipulated by such gift, grant or donation.

 

     16-89-5. Grant, gifts and donation. - fiduciary responsibility of municipalities. -

Accounting. (a) Any amount of money received by any municipality for expenditure pursuant

to this chapter shall be deposited by the chief finance officer of the municipality into the

municipal treasury in a separate, restricted receipt account identifiable to the particular grant, gift

or donation and shall be expanded solely by and upon the demand of the school district, school

department or school committee in accord with the express terms and conditions of said grant,

gift or donation.

     (b) Any account established hereunder shall be interest bearing and any interest on funds

so deposited shall remain with and become part of the grant, gift or donation and shall be

expended as part of said grant, gift or donation.

     (c) Any other grant, gift or donation of any kind, other than money, including, but not

limited to equipment, supplies, materials, services and any other contribution of value may be

received directly by school districts, school departments, or school committees so long as said

grant, gift or donation shall be accounted for from time of receipt to time of disposition, and so

long as direct receipt of such is not otherwise prohibited by law.

 

     16-89-6. Effect on annual municipal appropriation. Nothing in this chapter shall be

construed to mean that the present annual municipal appropriation to any school district, school

department or school committee shall be or may be decreased or diminished by the amount of any

grant, gift or donation made pursuant to this chapter.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC02766

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