1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | 2025 -- H 6071 |
---|
6 | 6 | | ======== |
---|
7 | 7 | | LC001696 |
---|
8 | 8 | | ======== |
---|
9 | 9 | | S T A T E O F R H O D E I S L A N D |
---|
10 | 10 | | IN GENERAL ASSEMBLY |
---|
11 | 11 | | JANUARY SESSION, A.D. 2025 |
---|
12 | 12 | | ____________ |
---|
13 | 13 | | |
---|
14 | 14 | | A N A C T |
---|
15 | 15 | | RELATING TO PUBLIC FINANCE -- RHODE ISLAND BABY BOND TRUST |
---|
16 | 16 | | Introduced By: Representatives Giraldo, Stewart, Voas, Potter, Alzate, Felix, Tanzi, |
---|
17 | 17 | | Solomon, Kislak, and Diaz |
---|
18 | 18 | | Date Introduced: March 12, 2025 |
---|
19 | 19 | | Referred To: House Finance |
---|
20 | 20 | | (General Treasurer) |
---|
21 | 21 | | |
---|
22 | 22 | | It is enacted by the General Assembly as follows: |
---|
23 | 23 | | SECTION 1. Title 35 of the General Laws entitled "PUBLIC FINANCE" is hereby 1 |
---|
24 | 24 | | amended by adding thereto the following chapter: 2 |
---|
25 | 25 | | CHAPTER 24 3 |
---|
26 | 26 | | RHODE ISLAND BABY BOND TRUST 4 |
---|
27 | 27 | | 35-24-1. Definitions. 5 |
---|
28 | 28 | | As used in this chapter: 6 |
---|
29 | 29 | | (1) “Designated beneficiary” means an individual who is: 7 |
---|
30 | 30 | | (i) Born on or after January 1, 2026; and 8 |
---|
31 | 31 | | (ii) Whose parent or guardian is enrolled in the Rhode Island works program pursuant to § 9 |
---|
32 | 32 | | 40-5.2-1, et seq, within the first twelve (12) months of their life. 10 |
---|
33 | 33 | | (2) “Eligible expenditure” means an expenditure associated with any of the following: 11 |
---|
34 | 34 | | (i) Continuing education of a designated beneficiary at an institution of higher learning, 12 |
---|
35 | 35 | | trade school, vocational school, or professional apprenticeship program in Rhode Island; 13 |
---|
36 | 36 | | (ii) Ownership of a home in Rhode Island by a designated beneficiary; 14 |
---|
37 | 37 | | (iii) Ownership of a business with a principal place of business in Rhode Island by a 15 |
---|
38 | 38 | | designated beneficiary; or 16 |
---|
39 | 39 | | (iv) Any investment in financial assets or personal capital that provides long-term gains to 17 |
---|
40 | 40 | | wages or wealth, as defined by regulation promulgated by the general treasurer. 18 |
---|
41 | 41 | | (3) “Trust” means the Rhode Island baby bond trust, which consists of: 19 |
---|
42 | 42 | | |
---|
43 | 43 | | |
---|
44 | 44 | | LC001696 - Page 2 of 6 |
---|
45 | 45 | | (i) All money from public or private sources appropriated or made available to the state for 1 |
---|
46 | 46 | | the benefit of the trust; and 2 |
---|
47 | 47 | | (ii) All earnings on the money in the trust. 3 |
---|
48 | 48 | | 35-24-2. Establishment. 4 |
---|
49 | 49 | | (a) There is hereby established the Rhode Island baby bond trust. The trust shall constitute 5 |
---|
50 | 50 | | an instrumentality of the state and shall perform essential governmental functions as provided under 6 |
---|
51 | 51 | | the provisions of this chapter. The trust shall receive and hold all payments and deposits or 7 |
---|
52 | 52 | | contributions intended for the trust, as well as gifts, bequests, endowments or federal, state or local 8 |
---|
53 | 53 | | grants and any other funds from any public or private source and all earnings until disbursed in 9 |
---|
54 | 54 | | accordance with § 35-24-7. 10 |
---|
55 | 55 | | (b) The amounts on deposit in the trust shall not constitute property of the state and the 11 |
---|
56 | 56 | | trust shall not be construed to be a department, institution or agency of the state. Amounts on 12 |
---|
57 | 57 | | deposit in the trust shall not be commingled with state funds and the state shall have no claim to or 13 |
---|
58 | 58 | | against, or interest in, such funds. Any contract entered into by, or any obligation of, the trust shall 14 |
---|
59 | 59 | | not constitute a debt or obligation of the state and the state shall have no obligation to any 15 |
---|
60 | 60 | | designated beneficiary or any other person on account of the trust and all amounts obligated to be 16 |
---|
61 | 61 | | paid from the trust shall be limited to amounts available for such obligation on deposit in the trust. 17 |
---|
62 | 62 | | The amounts on deposit in the trust may only be disbursed in accordance with the provisions of this 18 |
---|
63 | 63 | | chapter. The trust shall continue in existence as long as it holds any deposits or has any obligations 19 |
---|
64 | 64 | | and until its existence is terminated by law. Upon termination, any unclaimed assets shall return to 20 |
---|
65 | 65 | | the state. 21 |
---|
66 | 66 | | (c) The general treasurer shall be responsible for the receipt, maintenance, administration, 22 |
---|
67 | 67 | | investigation, and disbursements from the trust. The trust shall not receive deposits in any form 23 |
---|
68 | 68 | | other than cash. 24 |
---|
69 | 69 | | 35-24-3. Powers of the general treasurer. 25 |
---|
70 | 70 | | (a) The general treasurer, on behalf of the trust and for purposes of the trust, may: 26 |
---|
71 | 71 | | (1) Receive and invest monies in the trust in any instruments, obligations, securities or 27 |
---|
72 | 72 | | property in accordance with the provisions of this chapter; 28 |
---|
73 | 73 | | (2) Enter into one or more contractual agreements, including contracts for legal, actuarial, 29 |
---|
74 | 74 | | accounting, custodial, advisory, management, administrative, advertising, marketing and 30 |
---|
75 | 75 | | consulting services from the trust and pay for such services from the gains and earnings of the trust; 31 |
---|
76 | 76 | | (3) Procure insurance in connection with the trust’s property, assets, activities or deposits 32 |
---|
77 | 77 | | to the trust; 33 |
---|
78 | 78 | | (4) Apply for, accept and expend gifts, grants or donations from public or private sources 34 |
---|
79 | 79 | | |
---|
80 | 80 | | |
---|
81 | 81 | | LC001696 - Page 3 of 6 |
---|
82 | 82 | | to enable the trust to carry out its objectives; 1 |
---|
83 | 83 | | (5) Adopt rules and regulations it deems necessary to effectuate the purposes of this 2 |
---|
84 | 84 | | chapter; 3 |
---|
85 | 85 | | (6) Sue and be sued; 4 |
---|
86 | 86 | | (7) Establish one or more funds within the trust and maintain separate accounts for each 5 |
---|
87 | 87 | | designated beneficiary; and 6 |
---|
88 | 88 | | (8) Take any other action necessary to effectuate the purposes of this chapter, and incidental 7 |
---|
89 | 89 | | to the duties imposed on the general treasurer pursuant to this chapter. 8 |
---|
90 | 90 | | (b) The general treasurer shall create a process within the office of the general treasurer to 9 |
---|
91 | 91 | | determine whether an expenditure proposed by a designated beneficiary is an eligible expenditure 10 |
---|
92 | 92 | | before the designated beneficiary is to receive any distribution under § 35-24-7. 11 |
---|
93 | 93 | | 35-24-4. Investment of funds in the trust. 12 |
---|
94 | 94 | | Notwithstanding the provisions of §§ 35-10-12 through 35-10-14, inclusive, the general 13 |
---|
95 | 95 | | treasurer shall invest the amounts on deposit in the trust in a manner reasonable and appropriate to 14 |
---|
96 | 96 | | achieve the objectives of the trust, exercising the discretion and care of a prudent person in similar 15 |
---|
97 | 97 | | circumstances with similar objectives. The general treasurer shall give due consideration to rate of 16 |
---|
98 | 98 | | return, risk, term or maturity, diversification of the portfolio within the trust, liquidity, the projected 17 |
---|
99 | 99 | | disbursements of the total portfolio within the trust, liquidity, the projected disbursements and 18 |
---|
100 | 100 | | expenditures and the expected payments, deposits, contributions and gifts to be received. The 19 |
---|
101 | 101 | | general treasurer shall not require the trust to invest directly in obligations of the state or any 20 |
---|
102 | 102 | | political subdivision of the state or in any investment or other fund administered by the general 21 |
---|
103 | 103 | | treasurer. The assets of the trust shall be continuously invested and reinvested in a manner 22 |
---|
104 | 104 | | consistent with the objectives of the trust until disbursed for eligible expenditures as defined by this 23 |
---|
105 | 105 | | chapter or expended on expenses incurred by the operations of the trust. 24 |
---|
106 | 106 | | 35-24-5. Exemption from taxation. 25 |
---|
107 | 107 | | (a) The property of the trust and the earnings on the trust shall be exempt from all taxation 26 |
---|
108 | 108 | | by the state and all political subdivisions of the state. Distributions made pursuant to § 35-24-7 27 |
---|
109 | 109 | | shall be considered income subject to taxation in accordance with chapter 30 of title 44 and shall 28 |
---|
110 | 110 | | be subject to federal and state withholdings. 29 |
---|
111 | 111 | | (b) The tax administrator may adopt rules and regulations necessary to monitor, implement, 30 |
---|
112 | 112 | | and administer the Rhode Island personal income tax provisions referred to in subsection (a) of this 31 |
---|
113 | 113 | | section. 32 |
---|
114 | 114 | | 35-24-6. Monies invested in trust not considered assets or income. 33 |
---|
115 | 115 | | Except as otherwise required by federal law, any money deposited into the trust and 34 |
---|
116 | 116 | | |
---|
117 | 117 | | |
---|
118 | 118 | | LC001696 - Page 4 of 6 |
---|
119 | 119 | | credited to a designated beneficiary, and any increase in the values thereof, shall not be used to 1 |
---|
120 | 120 | | calculate the personal assets of a designated beneficiary for purposes of determining income 2 |
---|
121 | 121 | | eligibility of the designated beneficiary for state or local assistance programs including: 3 |
---|
122 | 122 | | (1) Any disability, medical or other health benefits administered by the state; and 4 |
---|
123 | 123 | | (2) Any student loan program, student grant program or other student financial program 5 |
---|
124 | 124 | | administered by the state. 6 |
---|
125 | 125 | | 35-24-7. Accounting for designated beneficiary. Claim for accounting. 7 |
---|
126 | 126 | | (a) The general treasurer shall establish in the Rhode Island baby bond trust an accounting 8 |
---|
127 | 127 | | for each designated beneficiary. Each such account shall include the amount transferred to the trust 9 |
---|
128 | 128 | | pursuant to § 35-24-8, plus the designated beneficiary’s pro rata share of total net earnings from 10 |
---|
129 | 129 | | investments of sums as determined by the general treasurer and held in the trust. 11 |
---|
130 | 130 | | (b) The department of human services shall notify the office of the general treasurer of the 12 |
---|
131 | 131 | | birth or enrollment of each designated beneficiary. 13 |
---|
132 | 132 | | (c) Upon a designated beneficiary’s eighteenth birthday, if such a beneficiary is a resident 14 |
---|
133 | 133 | | of the state and has been for the two (2) years immediately preceding receipt of any distribution 15 |
---|
134 | 134 | | under this section, such beneficiary shall become eligible to receive the total sum of the accounting 16 |
---|
135 | 135 | | under subsection (a) of this section to be used for eligible expenditures. 17 |
---|
136 | 136 | | (d) A designated beneficiary must submit a claim that meets the requirements set forth in 18 |
---|
137 | 137 | | this chapter before the designated beneficiary reaches thirty-five (35) years of age. 19 |
---|
138 | 138 | | (e) If a designated beneficiary is deceased before their eighteenth birthday, does not submit 20 |
---|
139 | 139 | | a timely claim, or is no longer a resident of the state upon reaching thirty-five (35) years of age, 21 |
---|
140 | 140 | | such accounting shall be credited back to the general fund of the state. 22 |
---|
141 | 141 | | (f) The general treasurer shall furnish each eligible beneficiary with an annual statement 23 |
---|
142 | 142 | | relating to the individual’s accounting, which shall include: 24 |
---|
143 | 143 | | (1) A statement of the balance attributable to the individual; 25 |
---|
144 | 144 | | (2) A projection of the balance’s growth by the time the individual attains the age of 26 |
---|
145 | 145 | | eighteen (18); 27 |
---|
146 | 146 | | (3) Resources and information to promote financial wellness and literacy of the designated 28 |
---|
147 | 147 | | beneficiary; and 29 |
---|
148 | 148 | | (4) Such other information as the general treasurer deems relevant. 30 |
---|
149 | 149 | | 35-24-8. Transfer to trust upon birth of designated beneficiary. 31 |
---|
150 | 150 | | (a) Upon the birth of a designated beneficiary, the general treasurer shall allocate three 32 |
---|
151 | 151 | | thousand dollars ($3,000) from the trust to be credited toward the accounting of such designated 33 |
---|
152 | 152 | | beneficiary pursuant to § 35-24-7. 34 |
---|
153 | 153 | | |
---|
154 | 154 | | |
---|
155 | 155 | | LC001696 - Page 5 of 6 |
---|
156 | 156 | | SECTION 2. Section 33-21.1-23 of the General Laws in Chapter 33-21.1 entitled 1 |
---|
157 | 157 | | "Unclaimed Intangible and Tangible Property" is hereby amended to read as follows: 2 |
---|
158 | 158 | | 33-21.1-23. Deposit of funds. 3 |
---|
159 | 159 | | (a) Except as otherwise provided by this section, the administrator shall promptly deposit 4 |
---|
160 | 160 | | in the general fund of this state all funds received under this chapter, including the proceeds from 5 |
---|
161 | 161 | | the sale of abandoned property under § 33-21.1-22 Rhode Island baby bond trust a one-time three 6 |
---|
162 | 162 | | thousand-dollar ($3,000) allocation for each designated beneficiary as defined in § 35-24-1 born in 7 |
---|
163 | 163 | | the preceding calendar year. The administrator shall promptly deposit all remaining funds in the 8 |
---|
164 | 164 | | general fund of this state, including the proceeds from the sale of abandoned property under § 33-9 |
---|
165 | 165 | | 21.1-22. The administrator shall retain in a separate bank account an amount not less than one 10 |
---|
166 | 166 | | hundred thousand dollars ($100,000) from which prompt payment of claims duly allowed must be 11 |
---|
167 | 167 | | made by him or her. Before making the deposit, the administrator shall record the name and last 12 |
---|
168 | 168 | | known address of each person appearing from the holders’ reports to be entitled to the property and 13 |
---|
169 | 169 | | the name and last known address of each insured person or annuitant and beneficiary and with 14 |
---|
170 | 170 | | respect to each policy or contract listed in the report of an insurance company its number and the 15 |
---|
171 | 171 | | name of the company. The record with the exception of the amount due must be available for public 16 |
---|
172 | 172 | | inspection at all reasonable business hours. 17 |
---|
173 | 173 | | (b) Before making any transfer from the account surplus to the credit of the general fund 18 |
---|
174 | 174 | | pursuant to subsection (a) of this section, the administrator may deduct: 19 |
---|
175 | 175 | | (1) Any costs in connection with the sale of abandoned property; 20 |
---|
176 | 176 | | (2) Costs of mailing and publication in connection with any abandoned property; 21 |
---|
177 | 177 | | (3) Reasonable service charges; 22 |
---|
178 | 178 | | (4) Costs incurred in examining records of holders of property and in collecting the 23 |
---|
179 | 179 | | property from those holders; and 24 |
---|
180 | 180 | | (5) Any other charges, costs or expenses incurred in the administration of this chapter. 25 |
---|
181 | 181 | | SECTION 3. This act shall take effect on July 1, 2026. 26 |
---|
182 | 182 | | ======== |
---|
183 | 183 | | LC001696 |
---|
184 | 184 | | ======== |
---|
185 | 185 | | |
---|
186 | 186 | | |
---|
187 | 187 | | LC001696 - Page 6 of 6 |
---|
188 | 188 | | EXPLANATION |
---|
189 | 189 | | BY THE LEGISLATIVE COUNCIL |
---|
190 | 190 | | OF |
---|
191 | 191 | | A N A C T |
---|
192 | 192 | | RELATING TO PUBLIC FINANCE -- RHODE ISLAND BABY BOND TRUST |
---|
193 | 193 | | *** |
---|
194 | 194 | | This act would create a pilot program that would create a $3,000 trust for each Rhode Island 1 |
---|
195 | 195 | | child ages zero to one year born to a family enrolled in the Rhode Island works program (“RI 2 |
---|
196 | 196 | | Works”) during the preceding calendar year. The office of the general treasurer would hold the 3 |
---|
197 | 197 | | funds in trust and invest the funds until the child reaches the age of maturity. Upon reaching the 4 |
---|
198 | 198 | | age of maturity, any individual who received a grant at birth and has been a Rhode Island citizen 5 |
---|
199 | 199 | | for the last two (2) years would be eligible to withdraw the funds and investment proceeds, and use 6 |
---|
200 | 200 | | funds to either: (1) Attend a higher education or vocational school in Rhode Island; (2) Purchase a 7 |
---|
201 | 201 | | home in Rhode Island; (3) Start a business with its principal place of business in Rhode Island; or 8 |
---|
202 | 202 | | (4) Another investment in financial assets or personal capital that provides long-term gains to wages 9 |
---|
203 | 203 | | or wealth, as defined in regulation promulgated by the general treasurer. 10 |
---|
204 | 204 | | This act would take effect on July 1, 2026. 11 |
---|
205 | 205 | | ======== |
---|
206 | 206 | | LC001696 |
---|
207 | 207 | | ======== |
---|