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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5747 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001929 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND |
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| 16 | 16 | | Introduced By: Representatives Fogarty, Spears, McEntee, Tanzi, Shallcross Smith, |
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| 17 | 17 | | Carson, Caldwell, Cortvriend, Handy, and Hull |
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| 18 | 18 | | Date Introduced: February 26, 2025 |
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| 19 | 19 | | Referred To: House Finance |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Sections 16-32-2, 16-32-27 and 16-32-34 of the General Laws in Chapter 16-1 |
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| 24 | 24 | | 32 entitled "University of Rhode Island [See Title 16 Chapter 97 — The Rhode Island Board of 2 |
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| 25 | 25 | | Education Act]" are hereby amended to read as follows: 3 |
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| 26 | 26 | | 16-32-2. Board of Trustees established. 4 |
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| 27 | 27 | | (a) There is hereby created a board of trustees for the university of Rhode Island, sometimes 5 |
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| 28 | 28 | | referred to as the “board” or “board of trustees,” which shall be and is constituted a public 6 |
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| 29 | 29 | | corporation, empowered to sue and be sued in its own name; to borrow money; to compromise and 7 |
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| 30 | 30 | | settle claims; to have a seal; and to make and execute contracts and other instruments necessary or 8 |
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| 31 | 31 | | convenient to the exercise of its powers; and to exercise all the powers, in addition to those 9 |
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| 32 | 32 | | specifically enumerated in this chapter, usually appertaining to public corporations entrusted with 10 |
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| 33 | 33 | | control of postsecondary educational institutions and functions. Upon its organization, the board 11 |
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| 34 | 34 | | shall be vested with the legal title to all property, real and personal, now owned by and/or under 12 |
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| 35 | 35 | | the control or in the custody of the council on postsecondary education for the use of the university 13 |
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| 36 | 36 | | of Rhode Island, including all its departments, divisions, and branches, sometimes referred to as 14 |
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| 37 | 37 | | the property, and as such the provisions of chapter 6 of title 37 ("acquisition of land"), including 15 |
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| 38 | 38 | | the rules, regulations, and procedures of the committee promulgated thereunder, and the provisions 16 |
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| 39 | 39 | | of chapter 7 of title 37 ("management and disposal of property"), shall not apply to the board or the 17 |
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| 40 | 40 | | property. 18 |
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| 41 | 41 | | (b) The board is empowered to hold and operate the property in trust for the state; to 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001929 - Page 2 of 10 |
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| 45 | 45 | | acquire, hold, and dispose of the property and other like property as deemed necessary for the 1 |
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| 46 | 46 | | execution of its corporate purposes, and the board may, in its discretion, adopt or promulgate its 2 |
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| 47 | 47 | | own rules and regulations with respect thereto. The board is made successor to all powers, rights, 3 |
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| 48 | 48 | | duties, and privileges for the university of Rhode Island formerly belonging to the council on 4 |
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| 49 | 49 | | postsecondary education pertaining to postsecondary education and the board of governors for 5 |
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| 50 | 50 | | higher education. 6 |
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| 51 | 51 | | (c) The board shall be the employer of record for the university. It shall retain all authority 7 |
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| 52 | 52 | | formerly vested in the council on postsecondary education and the board of education regarding 8 |
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| 53 | 53 | | the employment of faculty and staff at the university of Rhode Island. The board shall appoint the 9 |
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| 54 | 54 | | president of the university and shall review their performance on an annual basis. 10 |
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| 55 | 55 | | (1) The board is empowered to enter into contracts and agreements with the council on 11 |
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| 56 | 56 | | postsecondary education and/or the department of administration related to employee benefits, 12 |
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| 57 | 57 | | including but not limited to retirement benefits, health, dental, vision and life insurance, disability 13 |
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| 58 | 58 | | insurance, workers’ compensation, and tuition waivers to maximize the state’s and university’s 14 |
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| 59 | 59 | | purchasing and investment portfolio and educational opportunities for the benefit of its employees. 15 |
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| 60 | 60 | | (2) The board is empowered to enter into collective bargaining agreements as appropriate 16 |
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| 61 | 61 | | with its employees and all existing collective bargaining agreements in effect when the board is 17 |
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| 62 | 62 | | established pursuant to § 16-32-2.2 shall be transferred from the council on postsecondary 18 |
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| 63 | 63 | | education to the board. 19 |
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| 64 | 64 | | (d) The board shall make rules and regulations for the control and use of all public 20 |
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| 65 | 65 | | properties and highways under its care, and for violations of those rules and regulations; penalties, 21 |
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| 66 | 66 | | up to one hundred dollars ($100) and costs for any one offense, may be imposed by any district 22 |
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| 67 | 67 | | court or police court in the city or town where the violation occurs; and, in general, the board shall 23 |
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| 68 | 68 | | take all actions necessary for the proper execution of the powers and duties granted to, and imposed 24 |
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| 69 | 69 | | upon, the board by the terms of this chapter. 25 |
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| 70 | 70 | | (e) The board shall make and maintain rules and regulations pursuant to chapter 2 of title 26 |
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| 71 | 71 | | 37 to implement its responsibilities as a public agency for procurement purposes as defined in § 27 |
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| 72 | 72 | | 37-2-7(16). The university’s vice president of administration and finance is designated the chief 28 |
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| 73 | 73 | | purchasing officer for the university. 29 |
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| 74 | 74 | | (1) Notwithstanding any rule, regulation, or provision of the public laws or general laws to 30 |
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| 75 | 75 | | the contrary, and except for procurements directly related to projects funded by the State of Rhode 31 |
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| 76 | 76 | | Island general obligation bonds, the board and the university shall not be required to comply with 32 |
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| 77 | 77 | | chapter 2 of title 37 ("state purchases"); and, in general, the board and the university shall contract 33 |
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| 78 | 78 | | on their own behalf and pursuant to the rules and regulations promulgated by the board as described 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001929 - Page 3 of 10 |
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| 82 | 82 | | in this subsection (e) of this section for all other purchases. the provisions of § 37-2-22, small 1 |
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| 83 | 83 | | procurements made by the board and the university shall not exceed an aggregate amount of fifty 2 |
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| 84 | 84 | | thousand dollars ($50,000) for construction and ten thousand dollars ($10,000) for all other 3 |
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| 85 | 85 | | purchases, regardless of the source of funding, and shall be made in accordance with small purchase 4 |
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| 86 | 86 | | regulations promulgated by the board. These thresholds may be increased annually through an 5 |
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| 87 | 87 | | amendment to the small purchase regulations promulgated by the board of trustees, to reflect the 6 |
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| 88 | 88 | | annual increase in the federal Consumer Price Index published by the United States Department of 7 |
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| 89 | 89 | | Labor from the date of any prior adjustment. 8 |
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| 90 | 90 | | (f) The board shall evaluate data on which to base performance of the university as 9 |
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| 91 | 91 | | described in subsection (g) of this section which shall be defined by the president of the university. 10 |
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| 92 | 92 | | These measures may include and incorporate outcomes or goals from multiple, previous years. The 11 |
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| 93 | 93 | | lack of information from previous years, however, will not affect the use of performance-based 12 |
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| 94 | 94 | | measures. 13 |
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| 95 | 95 | | (g) The university of Rhode Island shall have unique measures consistent with its purpose, 14 |
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| 96 | 96 | | role, scope, and mission. The board shall provide faculty and students an opportunity to provide 15 |
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| 97 | 97 | | input on the development of performance measures. 16 |
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| 98 | 98 | | (1) The performance-based measures shall include, but not be limited to, the following 17 |
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| 99 | 99 | | metrics: 18 |
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| 100 | 100 | | (i) The number and percentage, including growth in relation to enrollment and prior years 19 |
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| 101 | 101 | | of bachelor’s degrees awarded to first-time, full-time students within four (4) years and six (6) 20 |
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| 102 | 102 | | years, including summer graduates; 21 |
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| 103 | 103 | | (ii) The number of degrees awarded that are tied to Rhode Island’s high demand, high-22 |
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| 104 | 104 | | wage employment opportunities consistent with the institution’s mission; 23 |
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| 105 | 105 | | (iii) One metric that applies only to the university, in consultation with the president, which 24 |
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| 106 | 106 | | shall consider faculty, staff, and student input; and 25 |
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| 107 | 107 | | (iv) Any other metrics that are deemed appropriate by the board. 26 |
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| 108 | 108 | | (2) Weight may be assigned to any of the aforementioned metrics to reinforce the mission 27 |
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| 109 | 109 | | of the university, the economic needs of the state, and the socio-economic status of the students. 28 |
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| 110 | 110 | | (h) The board shall hold the university accountable for developing and implementing 29 |
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| 111 | 111 | | transfer pathways for students from the community college of Rhode Island and Rhode Island 30 |
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| 112 | 112 | | college. 31 |
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| 113 | 113 | | (i) The board shall adopt a process requiring every academic program at the university to 32 |
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| 114 | 114 | | accept for credit the advanced placement subject test scores of students who obtain a three (3) or 33 |
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| 115 | 115 | | better in any advanced placement course. 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001929 - Page 4 of 10 |
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| 119 | 119 | | (j) The board shall supervise, coordinate, and/or authorize audits, civil and administrative 1 |
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| 120 | 120 | | investigations, and inspections or oversight reviews, when necessary, relating to expenditure of 2 |
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| 121 | 121 | | state or federal funds, or to any and all university programs and operations, as well as the 3 |
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| 122 | 122 | | procurement of any supplies, services, or construction, by the university. In the course of an audit 4 |
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| 123 | 123 | | or investigation, the board authorized auditor(s) shall review statutes and regulations of the 5 |
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| 124 | 124 | | university and shall determine if the university is in compliance and shall make recommendations 6 |
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| 125 | 125 | | concerning the efficiency of operations, and the effect of such statutes or regulations on internal 7 |
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| 126 | 126 | | controls and the prevention and detection of fraud, waste, and abuse. The board authorized 8 |
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| 127 | 127 | | auditor(s) may recommend policies or procedures that may strengthen internal controls, or assist in 9 |
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| 128 | 128 | | the prevention or detection of fraud, waste, and abuse or mismanagement. Any audits conducted 10 |
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| 129 | 129 | | shall be transmitted to the office of internal audit established in chapter 7.1 of title 35. 11 |
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| 130 | 130 | | 16-32-27. Establishment of landscaping fund. 12 |
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| 131 | 131 | | All money received pursuant to the provisions of § 16-52-2(b) shall be deemed to be trust 13 |
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| 132 | 132 | | funds for the benefit of the University of Rhode Island, Rhode Island College, and the Community 14 |
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| 133 | 133 | | College of Rhode Island to be held by the general treasurer in a separate rotary fund for each 15 |
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| 134 | 134 | | institution which shall be made available to the presidents of the University of Rhode Island, Rhode 16 |
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| 135 | 135 | | Island College, or the Community College of Rhode Island to be applied solely for the purpose of 17 |
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| 136 | 136 | | improving landscaping, safety and security, and/or parking facilities at the respective colleges as 18 |
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| 137 | 137 | | determined by the presidents of these colleges. 19 |
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| 138 | 138 | | 16-32-34. Fiscal accounts — Receipts — Petty cash funds. 20 |
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| 139 | 139 | | (a) The treasurer of the university of Rhode Island, as appointed by the board of trustees, 21 |
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| 140 | 140 | | shall: 22 |
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| 141 | 141 | | (1) Keep an accurate account of his or her receipts and expenditures, which shall be audited 23 |
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| 142 | 142 | | by the state controller; and 24 |
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| 143 | 143 | | (2) Turn over to the general treasurer at monthly intervals all sums of money received by 25 |
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| 144 | 144 | | him or her during the preceding month which shall be credited to the proper accounts and funds by 26 |
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| 145 | 145 | | the general treasurer. 27 |
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| 146 | 146 | | (b) The state controller shall establish an imprest fund or petty cash fund for the use of the 28 |
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| 147 | 147 | | treasurer of the university for expenditures of any nature as may be approved by the state controller. 29 |
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| 148 | 148 | | (c) Nothing contained in this section or chapter shall prohibit the university from 30 |
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| 149 | 149 | | establishing its own internal audit functions and controls, including to conduct post audits, as 31 |
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| 150 | 150 | | consistent with the provisions of §16-32-2(j). 32 |
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| 151 | 151 | | (d) The requirements of § 35-7-13 and § 22-13-6 to obtain the approval of the director of 33 |
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| 152 | 152 | | administration and the auditor general prior to the employment of private auditors shall not apply 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001929 - Page 5 of 10 |
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| 156 | 156 | | to the board or the university, nor shall the university be required to solicit bid proposals for auditors 1 |
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| 157 | 157 | | procurement; provided, however, should it elect to do so, the solicitation shall be in accordance 2 |
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| 158 | 158 | | with the board’s own rules and regulations for procurement and not subject to the guidelines for 3 |
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| 159 | 159 | | audit procurement and bid specifications issued by the department of administration office of 4 |
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| 160 | 160 | | accounts and control and the office of the auditor general. 5 |
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| 161 | 161 | | SECTION 2. Chapter 16-32 of the General Laws entitled "University of Rhode Island [See 6 |
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| 162 | 162 | | Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by adding 7 |
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| 163 | 163 | | thereto the following sections: 8 |
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| 164 | 164 | | 16-32-43. Tort claims against the board of trustees. 9 |
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| 165 | 165 | | (a) Definitions. For purposes of this section: 10 |
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| 166 | 166 | | (1) “Board of trustees” means and includes the university of Rhode Island and, except as 11 |
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| 167 | 167 | | otherwise provided herein, employees of the board of trustees acting within the scope of their 12 |
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| 168 | 168 | | employment. 13 |
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| 169 | 169 | | (2) “Employee” means and includes an officer, employee, or servant, whether or not 14 |
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| 170 | 170 | | compensated or part-time, who is authorized to perform any act or service; provided, however, that 15 |
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| 171 | 171 | | the term does not include an independent contractor. 16 |
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| 172 | 172 | | (3) “Injury” means death, injury to a person, damage to or loss of property, or any other 17 |
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| 173 | 173 | | injury that a person may suffer that would be actionable if inflicted by a private person. 18 |
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| 174 | 174 | | (b) With regard to tort liability: 19 |
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| 175 | 175 | | (1) The board of trustees shall only be liable for injury within the limitations of this chapter. 20 |
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| 176 | 176 | | (2) The board of trustees is liable for injury proximately caused by an act or omission of 21 |
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| 177 | 177 | | an employee within the scope of their employment, except for any act or omission constituting 22 |
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| 178 | 178 | | actual fraud, actual malice, or willful misconduct. 23 |
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| 179 | 179 | | (3) Any liability of the board of trustees established by this chapter is subject to any 24 |
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| 180 | 180 | | immunity of the board of trustees and is subject to any defenses that would be available to the board 25 |
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| 181 | 181 | | of trustees if it were a private person. 26 |
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| 182 | 182 | | (c) With regard to conditions of public property: 27 |
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| 183 | 183 | | (1) The board of trustees is liable for injury caused by a condition of its property if the 28 |
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| 184 | 184 | | plaintiff establishes that the property was in dangerous condition at the time of the injury, that the 29 |
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| 185 | 185 | | injury was proximately caused by the dangerous condition, that the dangerous condition created a 30 |
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| 186 | 186 | | reasonably foreseeable risk of the kind of injury which was incurred, and that the board of trustees 31 |
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| 187 | 187 | | willfully or maliciously failed to guard or warn against the dangerous condition. 32 |
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| 188 | 188 | | (2) Nothing in this section shall be construed to impose liability upon the board of trustees 33 |
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| 189 | 189 | | for a dangerous condition of its property if the action the board of trustees took to protect against 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001929 - Page 6 of 10 |
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| 193 | 193 | | the condition or the failure to take such action was not palpably unreasonable. 1 |
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| 194 | 194 | | (d) With regard to joint tortfeasors: 2 |
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| 195 | 195 | | (1) Notwithstanding any other law, in any case where the board of trustees is determined 3 |
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| 196 | 196 | | to be a joint tortfeasor, the board of trustees shall be required to contribute to a joint tortfeasor only 4 |
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| 197 | 197 | | to the extent of the recovery provided for under this chapter. 5 |
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| 198 | 198 | | (2) Notwithstanding any other law, in any case where the board of trustees is determined 6 |
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| 199 | 199 | | to be a tortfeasor in any cause of action along with one or more other tortfeasors, the board of 7 |
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| 200 | 200 | | trustees shall be liable for no more than that percentage share of the damages which is equal to the 8 |
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| 201 | 201 | | percentage of the negligence attributable to the board of trustees. 9 |
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| 202 | 202 | | (e) With regard to presentation of claims: 10 |
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| 203 | 203 | | (1) No action shall be brought against the board of trustees unless the claim upon which it 11 |
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| 204 | 204 | | is based shall have been presented in accordance with the procedures set forth in this section. 12 |
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| 205 | 205 | | (2) The board of trustees shall designate the office(s) or individual(s) where a claim for 13 |
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| 206 | 206 | | injury shall be filed and may by rule or regulation adopt forms specifying information to be 14 |
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| 207 | 207 | | contained in claims filed against it under this chapter. 15 |
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| 208 | 208 | | (i) A claim shall be presented by the claimant or by a person acting on their behalf and 16 |
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| 209 | 209 | | shall include: 17 |
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| 210 | 210 | | (A) The name and post office address of the claimant; 18 |
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| 211 | 211 | | (B) The post-office address to which the person presenting the claim desires notices to be 19 |
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| 212 | 212 | | sent; 20 |
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| 213 | 213 | | (C) The date, place, and other circumstances of the occurrence or transaction which gave 21 |
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| 214 | 214 | | rise to the claim asserted; 22 |
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| 215 | 215 | | (D) A general description of the injury, damage, or loss incurred as far as it may be known 23 |
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| 216 | 216 | | at the time of presentation of the claim; and 24 |
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| 217 | 217 | | (E) The amount claimed as of the date of presentation of the claim, including the estimated 25 |
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| 218 | 218 | | amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the 26 |
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| 219 | 219 | | presentation of the claim, together with the basis of computation of the amount claimed. 27 |
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| 220 | 220 | | (ii) A claim relating to a cause of action for injury shall be presented as provided in this 28 |
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| 221 | 221 | | section not later than the ninetieth day after accrual of the cause of action. After the expiration of 29 |
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| 222 | 222 | | six (6) months from the date the notice of claim is received, the claimant may file suit in an 30 |
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| 223 | 223 | | appropriate court of law. The claimant shall be forever barred from recovering against the board of 31 |
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| 224 | 224 | | trustees if: 32 |
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| 225 | 225 | | (A) The claimant failed to file the claim with the board of trustees within ninety (90) days 33 |
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| 226 | 226 | | of accrual of the claim; 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001929 - Page 7 of 10 |
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| 230 | 230 | | (B) Two (2) years have elapsed since the accrual of the claim; or 1 |
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| 231 | 231 | | (C) The claimant or the claimant's authorized representative entered into a settlement 2 |
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| 232 | 232 | | agreement with respect to the claim. 3 |
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| 233 | 233 | | (3) Nothing in this section shall prohibit a minor or a person who is mentally incapacitated 4 |
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| 234 | 234 | | from commencing an action under this chapter within the time limitations contained herein, after 5 |
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| 235 | 235 | | reaching majority or returning to mental capacity. 6 |
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| 236 | 236 | | (f) With regard to interest and limitations of damages: 7 |
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| 237 | 237 | | (1) Notwithstanding any other law, no interest shall accrue prior to the entry of judgment 8 |
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| 238 | 238 | | against the board of trustees. 9 |
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| 239 | 239 | | (2) No punitive or exemplary damages shall be awarded against the board of trustees. 10 |
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| 240 | 240 | | (3) No damages shall be awarded against the board of trustees for pain and suffering 11 |
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| 241 | 241 | | resulting from any injury; provided, however, that this limitation on the recovery of damages for 12 |
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| 242 | 242 | | pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent 13 |
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| 243 | 243 | | disfigurement, or dismemberment. 14 |
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| 244 | 244 | | (4) In any tort action against the board of trustees, any damages recovered therein shall not 15 |
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| 245 | 245 | | exceed the sum of one hundred thousand dollars ($100,000). 16 |
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| 246 | 246 | | (g) With regard to the effect of assumption of liability, any waiver of immunity and 17 |
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| 247 | 247 | | assumption of liability contained in this chapter shall not apply in circumstances where liability has 18 |
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| 248 | 248 | | been or is hereafter assumed by another party, to the extent of such assumption of liability. 19 |
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| 249 | 249 | | (h) With regard to the effect upon liability based on contract or right to relief other than 20 |
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| 250 | 250 | | damages, nothing in this chapter shall affect liability based on contract or the right to obtain relief 21 |
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| 251 | 251 | | other than damages against the public entity or one of its employees. 22 |
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| 252 | 252 | | (i) With regard to workers’ compensation laws, nothing in this chapter shall be construed 23 |
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| 253 | 253 | | to affect, alter, or repeal any provision of the workers’ compensation laws of this state. 24 |
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| 254 | 254 | | 16-32-44. Inconsistent provisions. 25 |
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| 255 | 255 | | Insofar as the provisions of this chapter are inconsistent with the provisions of any other 26 |
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| 256 | 256 | | law or ordinance, general, special or local, the provisions of this chapter shall be controlling. 27 |
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| 257 | 257 | | 16-32-45. Liberal construction. 28 |
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| 258 | 258 | | Neither this chapter nor anything contained in this chapter is or shall be construed as a 29 |
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| 259 | 259 | | restriction or limitation upon any powers, which the board might otherwise have under any laws of 30 |
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| 260 | 260 | | this state, and this chapter is cumulative to any powers. This chapter does and shall be construed to 31 |
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| 261 | 261 | | provide a complete, additional, and alternative method of doing things authorized by this chapter 32 |
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| 262 | 262 | | and shall be regarded as supplemental and additional to powers conferred by other laws. 33 |
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| 263 | 263 | | SECTION 3. Section 35-18-3 of the General Laws in Chapter 35-18 entitled "Public 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC001929 - Page 8 of 10 |
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| 267 | 267 | | Corporation Debt Management" is hereby amended to read as follows: 1 |
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| 268 | 268 | | 35-18-3. Approval by the general assembly. 2 |
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| 269 | 269 | | (a) No elected or appointed state official may enter into any financing lease or into any 3 |
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| 270 | 270 | | guarantee with any person without the prior approval of the general assembly unless: 4 |
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| 271 | 271 | | (1) The governor certifies that federal funds will be available to make all of the payments 5 |
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| 272 | 272 | | which the state is or could be obligated to make under the financing lease or guarantee; or 6 |
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| 273 | 273 | | (2) The general assembly has adjourned for the year with the expectation that it will not 7 |
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| 274 | 274 | | meet again until the following year and the governor certifies that action is necessary, because of 8 |
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| 275 | 275 | | events occurring after the general assembly has adjourned, to protect the physical integrity of an 9 |
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| 276 | 276 | | essential public facility, to ensure the continued delivery of essential public services, or to maintain 10 |
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| 277 | 277 | | the credit worthiness of the state in the financial markets. 11 |
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| 278 | 278 | | (b) No bonds may be issued or other obligation incurred by any public corporation to 12 |
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| 279 | 279 | | finance, in whole or in part, the construction, acquisition, or improvement of any essential public 13 |
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| 280 | 280 | | facility without the prior approval of the general assembly, unless: 14 |
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| 281 | 281 | | (1) The governor certifies that federal funds will be available to make all of the payments 15 |
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| 282 | 282 | | required to be made by the public corporation in connection with the bond or obligation. The 16 |
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| 283 | 283 | | certification shall be transmitted to the speaker of the house and the president of the senate with 17 |
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| 284 | 284 | | copies to the chairpersons of the respective finance committees and fiscal advisors; or 18 |
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| 285 | 285 | | (2) The general assembly has adjourned for the year with the expectation that it will not 19 |
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| 286 | 286 | | meet again until the following year and the governor certifies that action is necessary, because of 20 |
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| 287 | 287 | | events occurring after the general assembly has adjourned, to protect the physical integrity of an 21 |
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| 288 | 288 | | essential public facility, to ensure the continued delivery of essential public services, or to maintain 22 |
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| 289 | 289 | | the credit worthiness of the state in the financial markets. The certification shall be transmitted to 23 |
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| 290 | 290 | | the speaker of the house and the president of the senate, with copies to the chairpersons of the 24 |
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| 291 | 291 | | respective finance committees and fiscal advisors. 25 |
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| 292 | 292 | | (c) In addition to, and not by way of limitation on, the exemptions provided in subsections 26 |
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| 293 | 293 | | (a) and (b), prior approval by the general assembly shall not be required under this chapter for 27 |
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| 294 | 294 | | bonds or other obligations issued by, or financing leases or guarantee agreements entered into by: 28 |
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| 295 | 295 | | (1) The Rhode Island Industrial Facilities Corporation; provided financing leases, bonds or 29 |
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| 296 | 296 | | other obligations are being issued for an economic development project; 30 |
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| 297 | 297 | | (2) The Rhode Island infrastructure bank; 31 |
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| 298 | 298 | | (3) The Rhode Island housing and mortgage finance corporation; 32 |
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| 299 | 299 | | (4) The Rhode Island student loan authority; 33 |
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| 300 | 300 | | (5) Any public corporation to refund any bond or other obligation issued by the public 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC001929 - Page 9 of 10 |
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| 304 | 304 | | corporation to finance the acquisition, construction, or improvement of an essential public facility 1 |
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| 305 | 305 | | provided that the governor certifies to the speaker of the house and the president of the senate, with 2 |
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| 306 | 306 | | copies to the chairpersons of the respective finance committees and fiscal advisors that the 3 |
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| 307 | 307 | | refunding shall provide a net benefit to the issuer; provided, however, obligations of the Rhode 4 |
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| 308 | 308 | | Island resource recovery corporation outstanding on July 31, 1999, may be refunded by the issuance 5 |
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| 309 | 309 | | of obligations on or before August 1, 1999; 6 |
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| 310 | 310 | | (6) The Narragansett Bay commission; 7 |
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| 311 | 311 | | (7) The Rhode Island health and educational building corporation, except bonds or other 8 |
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| 312 | 312 | | obligations issued in connection with the acquisition, construction, or improvement of any facility 9 |
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| 313 | 313 | | used by any state agency, department, board, or commission, including the council on 10 |
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| 314 | 314 | | postsecondary education, to provide services to the public pursuant to the requirements of state or 11 |
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| 315 | 315 | | federal law, and all fixtures for any of those facilities; and 12 |
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| 316 | 316 | | (8) The state to refund any financing leases entered into with the authorization of the 13 |
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| 317 | 317 | | general assembly, provided that the governor certifies to the speaker of the house and the president 14 |
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| 318 | 318 | | of the senate, with copies to the chairpersons of the respective finance committees and fiscal 15 |
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| 319 | 319 | | advisors, that the refunding shall provide a net benefit to the state.; and 16 |
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| 320 | 320 | | (9) The University of Rhode Island and its board of trustees. 17 |
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| 321 | 321 | | (d) Nothing contained in this section applies to any loan authorized to be borrowed under 18 |
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| 322 | 322 | | Article VI, § 16 or 17 of the Rhode Island Constitution. 19 |
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| 323 | 323 | | (e) Nothing in this section is intended to expand in any way the borrowing authority of any 20 |
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| 324 | 324 | | public corporation under its charter. 21 |
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| 325 | 325 | | (f)(1) Any certification made by the governor under subsection (a), (b), or (c) of this section 22 |
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| 326 | 326 | | may be relied upon by any person, including without limitation, bond counsel. 23 |
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| 327 | 327 | | (2) The certifications shall be transmitted to the speaker of the house and the president of 24 |
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| 328 | 328 | | the senate with copies to the chairpersons of the respective finance committees and fiscal advisors. 25 |
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| 329 | 329 | | (g) Except as provided for in this chapter, the requirements of this chapter supersede any 26 |
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| 330 | 330 | | other special or general provision of law, including any provision which purports to exempt sales 27 |
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| 331 | 331 | | or leases between the state and a public corporation from the operation of any law. 28 |
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| 332 | 332 | | SECTION 4. This act shall take effect upon passage. 29 |
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| 333 | 333 | | 30 |
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| 334 | 334 | | ======== |
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| 335 | 335 | | LC001929 |
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| 336 | 336 | | ======== |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC001929 - Page 10 of 10 |
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| 340 | 340 | | EXPLANATION |
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| 341 | 341 | | BY THE LEGISLATIVE COUNCIL |
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| 342 | 342 | | OF |
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| 343 | 343 | | A N A C T |
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| 344 | 344 | | RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND |
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| 345 | 345 | | *** |
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| 346 | 346 | | This act would enhance and further define the role of the board of trustees of the University 1 |
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| 347 | 347 | | of Rhode Island, and would provide the board of trustees with tort claim protections similar to other 2 |
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| 348 | 348 | | state colleges and agencies. This act would also provide a more efficient procurement process for 3 |
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| 349 | 349 | | the university. 4 |
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| 350 | 350 | | This act would take effect upon passage. 5 |
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| 351 | 351 | | ======== |
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| 352 | 352 | | LC001929 |
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| 353 | 353 | | ======== |
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