12-LA128
2012 -- S 2391
Enacted 06/20/12
A N A C T
IN AMENDMENT OF
AN ACT RELATING TO
Introduced By: Senators Goodwin, Ruggerio, Miller, DiPalma, and Jabour
Date Introduced: February 15, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Than “an act to incorporate
January Session, A.D. 1980,
as amended and restated by “an act relating to Johnson & Wales
University,” passed at
the January Session, A.D. 1992, and as further amended by Articles of
Amendment to Articles of
Incorporation filed with the Secretary of State of
14, 2003, is hereby further amended to read as follows:
ARTICLE 1. Morris Gaebe, Edward Triangolo, John Yena, David
Friedman, Louis
D’Amico, Donald Ransbottom, John Mulcahey, Robert Tingle, and Christopher T. DelSesto
constituted and their duly elected successors constitute a body
corporate by the name of Johnson
&
elected members of such corporation shall be and remain a
body corporate by that name forever,
with all of the powers and authority conferred by chapter
6 or title 7 of the general laws of Rhode
Island.
ARTICLE 2. Said corporation shall be known by the name of Johnson
& Wales
University.
ARTICLE 3. Said corporation is constituted for the purpose
of offering programs and
courses of study and instruction either customary or
appropriate in a university, college, and
junior college looking to attainment by its students of
associated degrees, baccalaureate degrees,
and advanced degrees; and also both technical and nontechnical courses and programs of study
designed to fulfill special occupational or educational needs
and requirements in the nation and in
the
and courses of study to prepare qualified students for
transfer to other institutions of learning;
administering and grading educational and vocational tests;
rendering counseling and placement
services to students; and doing all things necessary,
desirable, customary or appropriate for
colleges and universities.
ARTICLE 4. Said corporation shall be operated as a nonprofit
corporation and shall be
operated exclusively for educational purposes and no part of
the net earnings of said corporation
shall inure to the benefit of any private individual and no
substantial part of the corporation’s
activities shall consist of the carrying on of propaganda or
otherwise attempting to influence
legislation.
ARTICLE 5. No person shall be refused admission as a student
to any school or
educational institution operated by said corporation, nor shall any
person be denied any of the
privileges or honors of any school or educational institution
operated by said corporation, on
account of religion, race, color, national origin, or sex.
ARTICLE 6. Said corporation shall have power and authority
to confer associate degrees,
baccalaureate degrees, and advanced degrees upon students
satisfactorily completing requisite
courses of study, and to confer such degrees, earned and
honorary, as are usually conferred by
colleges and universities.
ARTICLE 7. Said corporation shall succeed to and shall
possess all the rights, privileges,
immunities and powers, and shall be subject to all the duties
and liabilities of the predecessor
corporation known as
September 20, 1963, which
corporation was the successor to the original school funded by
Gertrude
Johnson and Mary Wales in the year 1914.
ARTICLE 8. The real and personal property of the
corporation shall be exempt from state
and local taxes so long
as said property is utilized for the purposes set forth in Article 3 hereof.
ARTICLE 9. Upon the dissolution of the
corporation, the corporation’s Board of
Trustee’s (the “Board”)
shall, after paying or making provision for the payment of all of the
liabilities of the corporation, dispose of all of the assets of
the corporation exclusively for the
purposes of the corporation in such manner, or to such
organization or organizations organized
and operated exclusively for religious, charitable,
educational, scientific, or literary purposes as
shall at the time qualify as an exempt organization or organizations
under section 501(c)(3) of the
Internal Revenue Code as
the Board shall determine, or to federal, state or local governments to
be used exclusively for public purposes. Any such assets
not so disposed of shall be disposed of
by the Superior Court of the county in which the
principal office of the corporation is then
located, exclusively for such purposes or to such
organizations, such as the court shall determine,
which are organized and operated exclusively for such
purposes, or to such governments for such
purposes.
SECTION 2. This act shall take effect upon passage.
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LC01276
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