Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0440 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- S 0440
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7	7	LC001974
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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 EDUCATION -- UNIVERSITY OF RHODE ISLAND
16	16	Introduced By: Senators Sosnowski, DiMario, and Bissaillon
17	17	Date Introduced: February 26, 2025
18	18	Referred To: Senate Finance
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 16-32-2, 16-32-27 and 16-32-34 of the General Laws in Chapter 16-1
23	23	32 entitled "University of Rhode Island [See Title 16 Chapter 97 — The Rhode Island Board of 2
24	24	Education Act]" are hereby amended to read as follows: 3
25	25	16-32-2. Board of Trustees established. 4
26	26	(a) There is hereby created a board of trustees for the university of Rhode Island, sometimes 5
27	27	referred to as the “board” or “board of trustees,” which shall be and is constituted a public 6
28	28	corporation, empowered to sue and be sued in its own name; to borrow money; to compromise and 7
29	29	settle claims; to have a seal; and to make and execute contracts and other instruments necessary or 8
30	30	convenient to the exercise of its powers; and to exercise all the powers, in addition to those 9
31	31	specifically enumerated in this chapter, usually appertaining to public corporations entrusted with 10
32	32	control of postsecondary educational institutions and functions. Upon its organization, the board 11
33	33	shall be vested with the legal title to all property, real and personal, now owned by and/or under 12
34	34	the control or in the custody of the council on postsecondary education for the use of the university 13
35	35	of Rhode Island, including all its departments, divisions, and branches, sometimes referred to as 14
36	36	the property, and as such the provisions of chapter 6 of title 37 ("acquisition of land"), including 15
37	37	the rules, regulations, and procedures of the committee promulgated thereunder, and the provisions 16
38	38	of chapter 7 of title 37 ("management and disposal of property"), shall not apply to the board or the 17
39	39	property. 18
40	40	(b) The board is empowered to hold and operate the property in trust for the state; to 19
41	41
42	42
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44	44	acquire, hold, and dispose of the property and other like property as deemed necessary for the 1
45	45	execution of its corporate purposes, and the board may, in its discretion, adopt or promulgate its 2
46	46	own rules and regulations with respect thereto. The board is made successor to all powers, rights, 3
47	47	duties, and privileges for the university of Rhode Island formerly belonging to the council on 4
48	48	postsecondary education pertaining to postsecondary education and the board of governors for 5
49	49	higher education. 6
50	50	(c) The board shall be the employer of record for the university. It shall retain all authority 7
51	51	formerly vested in the council on postsecondary education and the board of education regarding 8
52	52	the employment of faculty and staff at the university of Rhode Island. The board shall appoint the 9
53	53	president of the university and shall review their performance on an annual basis. 10
54	54	(1) The board is empowered to enter into contracts and agreements with the council on 11
55	55	postsecondary education and/or the department of administration related to employee benefits, 12
56	56	including but not limited to retirement benefits, health, dental, vision and life insurance, disability 13
57	57	insurance, workers’ compensation, and tuition waivers to maximize the state’s and university’s 14
58	58	purchasing and investment portfolio and educational opportunities for the benefit of its employees. 15
59	59	(2) The board is empowered to enter into collective bargaining agreements as appropriate 16
60	60	with its employees and all existing collective bargaining agreements in effect when the board is 17
61	61	established pursuant to § 16-32-2.2 shall be transferred from the council on postsecondary 18
62	62	education to the board. 19
63	63	(d) The board shall make rules and regulations for the control and use of all public 20
64	64	properties and highways under its care, and for violations of those rules and regulations; penalties, 21
65	65	up to one hundred dollars ($100) and costs for any one offense, may be imposed by any district 22
66	66	court or police court in the city or town where the violation occurs; and, in general, the board shall 23
67	67	take all actions necessary for the proper execution of the powers and duties granted to, and imposed 24
68	68	upon, the board by the terms of this chapter. 25
69	69	(e) The board shall make and maintain rules and regulations pursuant to chapter 2 of title 26
70	70	37 to implement its responsibilities as a public agency for procurement purposes as defined in § 27
71	71	37-2-7(16). The university’s vice president of administration and finance is designated the chief 28
72	72	purchasing officer for the university. 29
73	73	(1) Notwithstanding any rule, regulation, or provision of the public laws or general laws to 30
74	74	the contrary, and except for procurements directly related to projects funded by the State of Rhode 31
75	75	Island general obligation bonds, the board and the university shall not be required to comply with 32
76	76	chapter 2 of title 37 ("state purchases"); and, in general, the board and the university shall contract 33
77	77	on their own behalf and pursuant to the rules and regulations promulgated by the board as described 34
78	78
79	79
80	80	LC001974 - Page 3 of 10
81	81	in this subsection (e) of this section for all other purchases. the provisions of § 37-2-22, small 1
82	82	procurements made by the board and the university shall not exceed an aggregate amount of fifty 2
83	83	thousand dollars ($50,000) for construction and ten thousand dollars ($10,000) for all other 3
84	84	purchases, regardless of the source of funding, and shall be made in accordance with small purchase 4
85	85	regulations promulgated by the board. These thresholds may be increased annually through an 5
86	86	amendment to the small purchase regulations promulgated by the board of trustees, to reflect the 6
87	87	annual increase in the federal Consumer Price Index published by the United States Department of 7
88	88	Labor from the date of any prior adjustment. 8
89	89	(f) The board shall evaluate data on which to base performance of the university as 9
90	90	described in subsection (g) of this section which shall be defined by the president of the university. 10
91	91	These measures may include and incorporate outcomes or goals from multiple, previous years. The 11
92	92	lack of information from previous years, however, will not affect the use of performance-based 12
93	93	measures. 13
94	94	(g) The university of Rhode Island shall have unique measures consistent with its purpose, 14
95	95	role, scope, and mission. The board shall provide faculty and students an opportunity to provide 15
96	96	input on the development of performance measures. 16
97	97	(1) The performance-based measures shall include, but not be limited to, the following 17
98	98	metrics: 18
99	99	(i) The number and percentage, including growth in relation to enrollment and prior years 19
100	100	of bachelor’s degrees awarded to first-time, full-time students within four (4) years and six (6) 20
101	101	years, including summer graduates; 21
102	102	(ii) The number of degrees awarded that are tied to Rhode Island’s high demand, high-22
103	103	wage employment opportunities consistent with the institution’s mission; 23
104	104	(iii) One metric that applies only to the university, in consultation with the president, which 24
105	105	shall consider faculty, staff, and student input; and 25
106	106	(iv) Any other metrics that are deemed appropriate by the board. 26
107	107	(2) Weight may be assigned to any of the aforementioned metrics to reinforce the mission 27
108	108	of the university, the economic needs of the state, and the socio-economic status of the students. 28
109	109	(h) The board shall hold the university accountable for developing and implementing 29
110	110	transfer pathways for students from the community college of Rhode Island and Rhode Island 30
111	111	college. 31
112	112	(i) The board shall adopt a process requiring every academic program at the university to 32
113	113	accept for credit the advanced placement subject test scores of students who obtain a three (3) or 33
114	114	better in any advanced placement course. 34
115	115
116	116
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118	118	(j) The board shall supervise, coordinate, and/or authorize audits, civil and administrative 1
119	119	investigations, and inspections or oversight reviews, when necessary, relating to expenditure of 2
120	120	state or federal funds, or to any and all university programs and operations, as well as the 3
121	121	procurement of any supplies, services, or construction, by the university. In the course of an audit 4
122	122	or investigation, the board authorized auditor(s) shall review statutes and regulations of the 5
123	123	university and shall determine if the university is in compliance and shall make recommendations 6
124	124	concerning the efficiency of operations, and the effect of such statutes or regulations on internal 7
125	125	controls and the prevention and detection of fraud, waste, and abuse. The board authorized 8
126	126	auditor(s) may recommend policies or procedures that may strengthen internal controls, or assist in 9
127	127	the prevention or detection of fraud, waste, and abuse or mismanagement. Any audits conducted 10
128	128	shall be transmitted to the office of internal audit established in chapter 7.1 of title 35. 11
129	129	16-32-27. Establishment of landscaping fund. 12
130	130	All money received pursuant to the provisions of § 16-52-2(b) shall be deemed to be trust 13
131	131	funds for the benefit of the University of Rhode Island, Rhode Island College, and the Community 14
132	132	College of Rhode Island to be held by the general treasurer in a separate rotary fund for each 15
133	133	institution which shall be made available to the presidents of the University of Rhode Island, Rhode 16
134	134	Island College, or the Community College of Rhode Island to be applied solely for the purpose of 17
135	135	improving landscaping, safety and security, and/or parking facilities at the respective colleges as 18
136	136	determined by the presidents of these colleges. 19
137	137	16-32-34. Fiscal accounts — Receipts — Petty cash funds. 20
138	138	(a) The treasurer of the university of Rhode Island, as appointed by the board of trustees, 21
139	139	shall: 22
140	140	(1) Keep an accurate account of his or her receipts and expenditures, which shall be audited 23
141	141	by the state controller; and 24
142	142	(2) Turn over to the general treasurer at monthly intervals all sums of money received by 25
143	143	him or her during the preceding month which shall be credited to the proper accounts and funds by 26
144	144	the general treasurer. 27
145	145	(b) The state controller shall establish an imprest fund or petty cash fund for the use of the 28
146	146	treasurer of the university for expenditures of any nature as may be approved by the state controller. 29
147	147	(c) Nothing contained in this section or chapter shall prohibit the university from 30
148	148	establishing its own internal audit functions and controls, including to conduct post audits, as 31
149	149	consistent with the provisions of §16-32-2(j). 32
150	150	(d) The requirements of § 35-7-13 and § 22-13-6 to obtain the approval of the director of 33
151	151	administration and the auditor general prior to the employment of private auditors shall not apply 34
152	152
153	153
154	154	LC001974 - Page 5 of 10
155	155	to the board or the university, nor shall the university be required to solicit bid proposals for auditors 1
156	156	procurement; provided, however, should it elect to do so, the solicitation shall be in accordance 2
157	157	with the board’s own rules and regulations for procurement and not subject to the guidelines for 3
158	158	audit procurement and bid specifications issued by the department of administration office of 4
159	159	accounts and control and the office of the auditor general. 5
160	160	SECTION 2. Chapter 16-32 of the General Laws entitled "University of Rhode Island [See 6
161	161	Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by adding 7
162	162	thereto the following sections: 8
163	163	16-32-43. Tort claims against the board of trustees. 9
164	164	(a) Definitions. For purposes of this section: 10
165	165	(1) “Board of trustees” means and includes the university of Rhode Island and, except as 11
166	166	otherwise provided herein, employees of the board of trustees acting within the scope of their 12
167	167	employment. 13
168	168	(2) “Employee” means and includes an officer, employee, or servant, whether or not 14
169	169	compensated or part-time, who is authorized to perform any act or service; provided, however, that 15
170	170	the term does not include an independent contractor. 16
171	171	(3) “Injury” means death, injury to a person, damage to or loss of property, or any other 17
172	172	injury that a person may suffer that would be actionable if inflicted by a private person. 18
173	173	(b) With regard to tort liability: 19
174	174	(1) The board of trustees shall only be liable for injury within the limitations of this chapter. 20
175	175	(2) The board of trustees is liable for injury proximately caused by an act or omission of 21
176	176	an employee within the scope of their employment, except for any act or omission constituting 22
177	177	actual fraud, actual malice, or willful misconduct. 23
178	178	(3) Any liability of the board of trustees established by this chapter is subject to any 24
179	179	immunity of the board of trustees and is subject to any defenses that would be available to the board 25
180	180	of trustees if it were a private person. 26
181	181	(c) With regard to conditions of public property: 27
182	182	(1) The board of trustees is liable for injury caused by a condition of its property if the 28
183	183	plaintiff establishes that the property was in dangerous condition at the time of the injury, that the 29
184	184	injury was proximately caused by the dangerous condition, that the dangerous condition created a 30
185	185	reasonably foreseeable risk of the kind of injury which was incurred, and that the board of trustees 31
186	186	willfully or maliciously failed to guard or warn against the dangerous condition. 32
187	187	(2) Nothing in this section shall be construed to impose liability upon the board of trustees 33
188	188	for a dangerous condition of its property if the action the board of trustees took to protect against 34
189	189
190	190
191	191	LC001974 - Page 6 of 10
192	192	the condition or the failure to take such action was not palpably unreasonable. 1
193	193	(d) With regard to joint tortfeasors: 2
194	194	(1) Notwithstanding any other law, in any case where the board of trustees is determined 3
195	195	to be a joint tortfeasor, the board of trustees shall be required to contribute to a joint tortfeasor only 4
196	196	to the extent of the recovery provided for under this chapter. 5
197	197	(2) Notwithstanding any other law, in any case where the board of trustees is determined 6
198	198	to be a tortfeasor in any cause of action along with one or more other tortfeasors, the board of 7
199	199	trustees shall be liable for no more than that percentage share of the damages which is equal to the 8
200	200	percentage of the negligence attributable to the board of trustees. 9
201	201	(e) With regard to presentation of claims: 10
202	202	(1) No action shall be brought against the board of trustees unless the claim upon which it 11
203	203	is based shall have been presented in accordance with the procedures set forth in this section. 12
204	204	(2) The board of trustees shall designate the office(s) or individual(s) where a claim for 13
205	205	injury shall be filed and may by rule or regulation adopt forms specifying information to be 14
206	206	contained in claims filed against it under this chapter. 15
207	207	(i) A claim shall be presented by the claimant or by a person acting on their behalf and 16
208	208	shall include: 17
209	209	(A) The name and post office address of the claimant; 18
210	210	(B) The post-office address to which the person presenting the claim desires notices to be 19
211	211	sent; 20
212	212	(C) The date, place, and other circumstances of the occurrence or transaction which gave 21
213	213	rise to the claim asserted; 22
214	214	(D) A general description of the injury, damage, or loss incurred as far as it may be known 23
215	215	at the time of presentation of the claim; and 24
216	216	(E) The amount claimed as of the date of presentation of the claim, including the estimated 25
217	217	amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the 26
218	218	presentation of the claim, together with the basis of computation of the amount claimed. 27
219	219	(ii) A claim relating to a cause of action for injury shall be presented as provided in this 28
220	220	section not later than the ninetieth day after accrual of the cause of action. After the expiration of 29
221	221	six (6) months from the date the notice of claim is received, the claimant may file suit in an 30
222	222	appropriate court of law. The claimant shall be forever barred from recovering against the board of 31
223	223	trustees if: 32
224	224	(A) The claimant failed to file the claim with the board of trustees within ninety (90) days 33
225	225	of accrual of the claim; 34
226	226
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229	229	(B) Two (2) years have elapsed since the accrual of the claim; or 1
230	230	(C) The claimant or the claimant's authorized representative entered into a settlement 2
231	231	agreement with respect to the claim. 3
232	232	(3) Nothing in this section shall prohibit a minor or a person who is mentally incapacitated 4
233	233	from commencing an action under this chapter within the time limitations contained herein, after 5
234	234	reaching majority or returning to mental capacity. 6
235	235	(f) With regard to interest and limitations of damages: 7
236	236	(1) Notwithstanding any other law, no interest shall accrue prior to the entry of judgment 8
237	237	against the board of trustees. 9
238	238	(2) No punitive or exemplary damages shall be awarded against the board of trustees. 10
239	239	(3) No damages shall be awarded against the board of trustees for pain and suffering 11
240	240	resulting from any injury; provided, however, that this limitation on the recovery of damages for 12
241	241	pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent 13
242	242	disfigurement, or dismemberment. 14
243	243	(4) In any tort action against the board of trustees, any damages recovered therein shall not 15
244	244	exceed the sum of one hundred thousand dollars ($100,000). 16
245	245	(g) With regard to the effect of assumption of liability, any waiver of immunity and 17
246	246	assumption of liability contained in this chapter shall not apply in circumstances where liability has 18
247	247	been or is hereafter assumed by another party, to the extent of such assumption of liability. 19
248	248	(h) With regard to the effect upon liability based on contract or right to relief other than 20
249	249	damages, nothing in this chapter shall affect liability based on contract or the right to obtain relief 21
250	250	other than damages against the public entity or one of its employees. 22
251	251	(i) With regard to workers’ compensation laws, nothing in this chapter shall be construed 23
252	252	to affect, alter, or repeal any provision of the workers’ compensation laws of this state. 24
253	253	16-32-44. Inconsistent provisions. 25
254	254	Insofar as the provisions of this chapter are inconsistent with the provisions of any other 26
255	255	law or ordinance, general, special or local, the provisions of this chapter shall be controlling. 27
256	256	16-32-45. Liberal construction. 28
257	257	Neither this chapter nor anything contained in this chapter is or shall be construed as a 29
258	258	restriction or limitation upon any powers, which the board might otherwise have under any laws of 30
259	259	this state, and this chapter is cumulative to any powers. This chapter does and shall be construed to 31
260	260	provide a complete, additional, and alternative method of doing things authorized by this chapter 32
261	261	and shall be regarded as supplemental and additional to powers conferred by other laws. 33
262	262	SECTION 3. Section 35-18-3 of the General Laws in Chapter 35-18 entitled "Public 34
263	263
264	264
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266	266	Corporation Debt Management" is hereby amended to read as follows: 1
267	267	35-18-3. Approval by the general assembly. 2
268	268	(a) No elected or appointed state official may enter into any financing lease or into any 3
269	269	guarantee with any person without the prior approval of the general assembly unless: 4
270	270	(1) The governor certifies that federal funds will be available to make all of the payments 5
271	271	which the state is or could be obligated to make under the financing lease or guarantee; or 6
272	272	(2) The general assembly has adjourned for the year with the expectation that it will not 7
273	273	meet again until the following year and the governor certifies that action is necessary, because of 8
274	274	events occurring after the general assembly has adjourned, to protect the physical integrity of an 9
275	275	essential public facility, to ensure the continued delivery of essential public services, or to maintain 10
276	276	the credit worthiness of the state in the financial markets. 11
277	277	(b) No bonds may be issued or other obligation incurred by any public corporation to 12
278	278	finance, in whole or in part, the construction, acquisition, or improvement of any essential public 13
279	279	facility without the prior approval of the general assembly, unless: 14
280	280	(1) The governor certifies that federal funds will be available to make all of the payments 15
281	281	required to be made by the public corporation in connection with the bond or obligation. The 16
282	282	certification shall be transmitted to the speaker of the house and the president of the senate with 17
283	283	copies to the chairpersons of the respective finance committees and fiscal advisors; or 18
284	284	(2) The general assembly has adjourned for the year with the expectation that it will not 19
285	285	meet again until the following year and the governor certifies that action is necessary, because of 20
286	286	events occurring after the general assembly has adjourned, to protect the physical integrity of an 21
287	287	essential public facility, to ensure the continued delivery of essential public services, or to maintain 22
288	288	the credit worthiness of the state in the financial markets. The certification shall be transmitted to 23
289	289	the speaker of the house and the president of the senate, with copies to the chairpersons of the 24
290	290	respective finance committees and fiscal advisors. 25
291	291	(c) In addition to, and not by way of limitation on, the exemptions provided in subsections 26
292	292	(a) and (b), prior approval by the general assembly shall not be required under this chapter for 27
293	293	bonds or other obligations issued by, or financing leases or guarantee agreements entered into by: 28
294	294	(1) The Rhode Island Industrial Facilities Corporation; provided financing leases, bonds or 29
295	295	other obligations are being issued for an economic development project; 30
296	296	(2) The Rhode Island infrastructure bank; 31
297	297	(3) The Rhode Island housing and mortgage finance corporation; 32
298	298	(4) The Rhode Island student loan authority; 33
299	299	(5) Any public corporation to refund any bond or other obligation issued by the public 34
300	300
301	301
302	302	LC001974 - Page 9 of 10
303	303	corporation to finance the acquisition, construction, or improvement of an essential public facility 1
304	304	provided that the governor certifies to the speaker of the house and the president of the senate, with 2
305	305	copies to the chairpersons of the respective finance committees and fiscal advisors that the 3
306	306	refunding shall provide a net benefit to the issuer; provided, however, obligations of the Rhode 4
307	307	Island resource recovery corporation outstanding on July 31, 1999, may be refunded by the issuance 5
308	308	of obligations on or before August 1, 1999; 6
309	309	(6) The Narragansett Bay commission; 7
310	310	(7) The Rhode Island health and educational building corporation, except bonds or other 8
311	311	obligations issued in connection with the acquisition, construction, or improvement of any facility 9
312	312	used by any state agency, department, board, or commission, including the council on 10
313	313	postsecondary education, to provide services to the public pursuant to the requirements of state or 11
314	314	federal law, and all fixtures for any of those facilities; and 12
315	315	(8) The state to refund any financing leases entered into with the authorization of the 13
316	316	general assembly, provided that the governor certifies to the speaker of the house and the president 14
317	317	of the senate, with copies to the chairpersons of the respective finance committees and fiscal 15
318	318	advisors, that the refunding shall provide a net benefit to the state.; and 16
319	319	(9) The University of Rhode Island and its board of trustees. 17
320	320	(d) Nothing contained in this section applies to any loan authorized to be borrowed under 18
321	321	Article VI, § 16 or 17 of the Rhode Island Constitution. 19
322	322	(e) Nothing in this section is intended to expand in any way the borrowing authority of any 20
323	323	public corporation under its charter. 21
324	324	(f)(1) Any certification made by the governor under subsection (a), (b), or (c) of this section 22
325	325	may be relied upon by any person, including without limitation, bond counsel. 23
326	326	(2) The certifications shall be transmitted to the speaker of the house and the president of 24
327	327	the senate with copies to the chairpersons of the respective finance committees and fiscal advisors. 25
328	328	(g) Except as provided for in this chapter, the requirements of this chapter supersede any 26
329	329	other special or general provision of law, including any provision which purports to exempt sales 27
330	330	or leases between the state and a public corporation from the operation of any law. 28
331	331	SECTION 4. This act shall take effect upon passage. 29
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335	335
336	336
337	337	LC001974 - Page 10 of 10
338	338	EXPLANATION
339	339	BY THE LEGISLATIVE COUNCIL
340	340	OF
341	341	A N A C T
342	342	RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND
343	343	***
344	344	This act would enhance and further define the role of the board of trustees of the University 1
345	345	of Rhode Island, and would provide the board of trustees with tort claim protections similar to other 2
346	346	state colleges and agencies. This act would also provide a more efficient procurement process for 3
347	347	the university. 4
348	348	This act would take effect upon passage. 5
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350	350	LC001974
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352	352