2025 -- S 0440
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LC001974
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND
Introduced By: Senators Sosnowski, DiMario, and Bissaillon
Date Introduced: February 26, 2025
Referred To: Senate Finance
It is enacted by the General Assembly as follows:
SECTION 1. Sections 16-32-2, 16-32-27 and 16-32-34 of the General Laws in Chapter 16-1
32 entitled "University of Rhode Island [See Title 16 Chapter 97 — The Rhode Island Board of 2
Education Act]" are hereby amended to read as follows: 3
16-32-2. Board of Trustees established. 4
(a) There is hereby created a board of trustees for the university of Rhode Island, sometimes 5
referred to as the “board” or “board of trustees,” which shall be and is constituted a public 6
corporation, empowered to sue and be sued in its own name; to borrow money; to compromise and 7
settle claims; to have a seal; and to make and execute contracts and other instruments necessary or 8
convenient to the exercise of its powers; and to exercise all the powers, in addition to those 9
specifically enumerated in this chapter, usually appertaining to public corporations entrusted with 10
control of postsecondary educational institutions and functions. Upon its organization, the board 11
shall be vested with the legal title to all property, real and personal, now owned by and/or under 12
the control or in the custody of the council on postsecondary education for the use of the university 13
of Rhode Island, including all its departments, divisions, and branches, sometimes referred to as 14
the property, and as such the provisions of chapter 6 of title 37 ("acquisition of land"), including 15
the rules, regulations, and procedures of the committee promulgated thereunder, and the provisions 16
of chapter 7 of title 37 ("management and disposal of property"), shall not apply to the board or the 17
property. 18
(b) The board is empowered to hold and operate the property in trust for the state; to 19
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acquire, hold, and dispose of the property and other like property as deemed necessary for the 1
execution of its corporate purposes, and the board may, in its discretion, adopt or promulgate its 2
own rules and regulations with respect thereto. The board is made successor to all powers, rights, 3
duties, and privileges for the university of Rhode Island formerly belonging to the council on 4
postsecondary education pertaining to postsecondary education and the board of governors for 5
higher education. 6
(c) The board shall be the employer of record for the university. It shall retain all authority 7
formerly vested in the council on postsecondary education and the board of education regarding 8
the employment of faculty and staff at the university of Rhode Island. The board shall appoint the 9
president of the university and shall review their performance on an annual basis. 10
(1) The board is empowered to enter into contracts and agreements with the council on 11
postsecondary education and/or the department of administration related to employee benefits, 12
including but not limited to retirement benefits, health, dental, vision and life insurance, disability 13
insurance, workers’ compensation, and tuition waivers to maximize the state’s and university’s 14
purchasing and investment portfolio and educational opportunities for the benefit of its employees. 15
(2) The board is empowered to enter into collective bargaining agreements as appropriate 16
with its employees and all existing collective bargaining agreements in effect when the board is 17
established pursuant to § 16-32-2.2 shall be transferred from the council on postsecondary 18
education to the board. 19
(d) The board shall make rules and regulations for the control and use of all public 20
properties and highways under its care, and for violations of those rules and regulations; penalties, 21
up to one hundred dollars ($100) and costs for any one offense, may be imposed by any district 22
court or police court in the city or town where the violation occurs; and, in general, the board shall 23
take all actions necessary for the proper execution of the powers and duties granted to, and imposed 24
upon, the board by the terms of this chapter. 25
(e) The board shall make and maintain rules and regulations pursuant to chapter 2 of title 26
37 to implement its responsibilities as a public agency for procurement purposes as defined in § 27
37-2-7(16). The university’s vice president of administration and finance is designated the chief 28
purchasing officer for the university. 29
(1) Notwithstanding any rule, regulation, or provision of the public laws or general laws to 30
the contrary, and except for procurements directly related to projects funded by the State of Rhode 31
Island general obligation bonds, the board and the university shall not be required to comply with 32
chapter 2 of title 37 ("state purchases"); and, in general, the board and the university shall contract 33
on their own behalf and pursuant to the rules and regulations promulgated by the board as described 34
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in this subsection (e) of this section for all other purchases. the provisions of § 37-2-22, small 1
procurements made by the board and the university shall not exceed an aggregate amount of fifty 2
thousand dollars ($50,000) for construction and ten thousand dollars ($10,000) for all other 3
purchases, regardless of the source of funding, and shall be made in accordance with small purchase 4
regulations promulgated by the board. These thresholds may be increased annually through an 5
amendment to the small purchase regulations promulgated by the board of trustees, to reflect the 6
annual increase in the federal Consumer Price Index published by the United States Department of 7
Labor from the date of any prior adjustment. 8
(f) The board shall evaluate data on which to base performance of the university as 9
described in subsection (g) of this section which shall be defined by the president of the university. 10
These measures may include and incorporate outcomes or goals from multiple, previous years. The 11
lack of information from previous years, however, will not affect the use of performance-based 12
measures. 13
(g) The university of Rhode Island shall have unique measures consistent with its purpose, 14
role, scope, and mission. The board shall provide faculty and students an opportunity to provide 15
input on the development of performance measures. 16
(1) The performance-based measures shall include, but not be limited to, the following 17
metrics: 18
(i) The number and percentage, including growth in relation to enrollment and prior years 19
of bachelor’s degrees awarded to first-time, full-time students within four (4) years and six (6) 20
years, including summer graduates; 21
(ii) The number of degrees awarded that are tied to Rhode Island’s high demand, high-22
wage employment opportunities consistent with the institution’s mission; 23
(iii) One metric that applies only to the university, in consultation with the president, which 24
shall consider faculty, staff, and student input; and 25
(iv) Any other metrics that are deemed appropriate by the board. 26
(2) Weight may be assigned to any of the aforementioned metrics to reinforce the mission 27
of the university, the economic needs of the state, and the socio-economic status of the students. 28
(h) The board shall hold the university accountable for developing and implementing 29
transfer pathways for students from the community college of Rhode Island and Rhode Island 30
college. 31
(i) The board shall adopt a process requiring every academic program at the university to 32
accept for credit the advanced placement subject test scores of students who obtain a three (3) or 33
better in any advanced placement course. 34
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(j) The board shall supervise, coordinate, and/or authorize audits, civil and administrative 1
investigations, and inspections or oversight reviews, when necessary, relating to expenditure of 2
state or federal funds, or to any and all university programs and operations, as well as the 3
procurement of any supplies, services, or construction, by the university. In the course of an audit 4
or investigation, the board authorized auditor(s) shall review statutes and regulations of the 5
university and shall determine if the university is in compliance and shall make recommendations 6
concerning the efficiency of operations, and the effect of such statutes or regulations on internal 7
controls and the prevention and detection of fraud, waste, and abuse. The board authorized 8
auditor(s) may recommend policies or procedures that may strengthen internal controls, or assist in 9
the prevention or detection of fraud, waste, and abuse or mismanagement. Any audits conducted 10
shall be transmitted to the office of internal audit established in chapter 7.1 of title 35. 11
16-32-27. Establishment of landscaping fund. 12
All money received pursuant to the provisions of § 16-52-2(b) shall be deemed to be trust 13
funds for the benefit of the University of Rhode Island, Rhode Island College, and the Community 14
College of Rhode Island to be held by the general treasurer in a separate rotary fund for each 15
institution which shall be made available to the presidents of the University of Rhode Island, Rhode 16
Island College, or the Community College of Rhode Island to be applied solely for the purpose of 17
improving landscaping, safety and security, and/or parking facilities at the respective colleges as 18
determined by the presidents of these colleges. 19
16-32-34. Fiscal accounts — Receipts — Petty cash funds. 20
(a) The treasurer of the university of Rhode Island, as appointed by the board of trustees, 21
shall: 22
(1) Keep an accurate account of his or her receipts and expenditures, which shall be audited 23
by the state controller; and 24
(2) Turn over to the general treasurer at monthly intervals all sums of money received by 25
him or her during the preceding month which shall be credited to the proper accounts and funds by 26
the general treasurer. 27
(b) The state controller shall establish an imprest fund or petty cash fund for the use of the 28
treasurer of the university for expenditures of any nature as may be approved by the state controller. 29
(c) Nothing contained in this section or chapter shall prohibit the university from 30
establishing its own internal audit functions and controls, including to conduct post audits, as 31
consistent with the provisions of §16-32-2(j). 32
(d) The requirements of § 35-7-13 and § 22-13-6 to obtain the approval of the director of 33
administration and the auditor general prior to the employment of private auditors shall not apply 34
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to the board or the university, nor shall the university be required to solicit bid proposals for auditors 1
procurement; provided, however, should it elect to do so, the solicitation shall be in accordance 2
with the board’s own rules and regulations for procurement and not subject to the guidelines for 3
audit procurement and bid specifications issued by the department of administration office of 4
accounts and control and the office of the auditor general. 5
SECTION 2. Chapter 16-32 of the General Laws entitled "University of Rhode Island [See 6
Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by adding 7
thereto the following sections: 8
16-32-43. Tort claims against the board of trustees. 9
(a) Definitions. For purposes of this section: 10
(1) “Board of trustees” means and includes the university of Rhode Island and, except as 11
otherwise provided herein, employees of the board of trustees acting within the scope of their 12
employment. 13
(2) “Employee” means and includes an officer, employee, or servant, whether or not 14
compensated or part-time, who is authorized to perform any act or service; provided, however, that 15
the term does not include an independent contractor. 16
(3) “Injury” means death, injury to a person, damage to or loss of property, or any other 17
injury that a person may suffer that would be actionable if inflicted by a private person. 18
(b) With regard to tort liability: 19
(1) The board of trustees shall only be liable for injury within the limitations of this chapter. 20
(2) The board of trustees is liable for injury proximately caused by an act or omission of 21
an employee within the scope of their employment, except for any act or omission constituting 22
actual fraud, actual malice, or willful misconduct. 23
(3) Any liability of the board of trustees established by this chapter is subject to any 24
immunity of the board of trustees and is subject to any defenses that would be available to the board 25
of trustees if it were a private person. 26
(c) With regard to conditions of public property: 27
(1) The board of trustees is liable for injury caused by a condition of its property if the 28
plaintiff establishes that the property was in dangerous condition at the time of the injury, that the 29
injury was proximately caused by the dangerous condition, that the dangerous condition created a 30
reasonably foreseeable risk of the kind of injury which was incurred, and that the board of trustees 31
willfully or maliciously failed to guard or warn against the dangerous condition. 32
(2) Nothing in this section shall be construed to impose liability upon the board of trustees 33
for a dangerous condition of its property if the action the board of trustees took to protect against 34
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the condition or the failure to take such action was not palpably unreasonable. 1
(d) With regard to joint tortfeasors: 2
(1) Notwithstanding any other law, in any case where the board of trustees is determined 3
to be a joint tortfeasor, the board of trustees shall be required to contribute to a joint tortfeasor only 4
to the extent of the recovery provided for under this chapter. 5
(2) Notwithstanding any other law, in any case where the board of trustees is determined 6
to be a tortfeasor in any cause of action along with one or more other tortfeasors, the board of 7
trustees shall be liable for no more than that percentage share of the damages which is equal to the 8
percentage of the negligence attributable to the board of trustees. 9
(e) With regard to presentation of claims: 10
(1) No action shall be brought against the board of trustees unless the claim upon which it 11
is based shall have been presented in accordance with the procedures set forth in this section. 12
(2) The board of trustees shall designate the office(s) or individual(s) where a claim for 13
injury shall be filed and may by rule or regulation adopt forms specifying information to be 14
contained in claims filed against it under this chapter. 15
(i) A claim shall be presented by the claimant or by a person acting on their behalf and 16
shall include: 17
(A) The name and post office address of the claimant; 18
(B) The post-office address to which the person presenting the claim desires notices to be 19
sent; 20
(C) The date, place, and other circumstances of the occurrence or transaction which gave 21
rise to the claim asserted; 22
(D) A general description of the injury, damage, or loss incurred as far as it may be known 23
at the time of presentation of the claim; and 24
(E) The amount claimed as of the date of presentation of the claim, including the estimated 25
amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the 26
presentation of the claim, together with the basis of computation of the amount claimed. 27
(ii) A claim relating to a cause of action for injury shall be presented as provided in this 28
section not later than the ninetieth day after accrual of the cause of action. After the expiration of 29
six (6) months from the date the notice of claim is received, the claimant may file suit in an 30
appropriate court of law. The claimant shall be forever barred from recovering against the board of 31
trustees if: 32
(A) The claimant failed to file the claim with the board of trustees within ninety (90) days 33
of accrual of the claim; 34
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(B) Two (2) years have elapsed since the accrual of the claim; or 1
(C) The claimant or the claimant's authorized representative entered into a settlement 2
agreement with respect to the claim. 3
(3) Nothing in this section shall prohibit a minor or a person who is mentally incapacitated 4
from commencing an action under this chapter within the time limitations contained herein, after 5
reaching majority or returning to mental capacity. 6
(f) With regard to interest and limitations of damages: 7
(1) Notwithstanding any other law, no interest shall accrue prior to the entry of judgment 8
against the board of trustees. 9
(2) No punitive or exemplary damages shall be awarded against the board of trustees. 10
(3) No damages shall be awarded against the board of trustees for pain and suffering 11
resulting from any injury; provided, however, that this limitation on the recovery of damages for 12
pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent 13
disfigurement, or dismemberment. 14
(4) In any tort action against the board of trustees, any damages recovered therein shall not 15
exceed the sum of one hundred thousand dollars ($100,000). 16
(g) With regard to the effect of assumption of liability, any waiver of immunity and 17
assumption of liability contained in this chapter shall not apply in circumstances where liability has 18
been or is hereafter assumed by another party, to the extent of such assumption of liability. 19
(h) With regard to the effect upon liability based on contract or right to relief other than 20
damages, nothing in this chapter shall affect liability based on contract or the right to obtain relief 21
other than damages against the public entity or one of its employees. 22
(i) With regard to workers’ compensation laws, nothing in this chapter shall be construed 23
to affect, alter, or repeal any provision of the workers’ compensation laws of this state. 24
16-32-44. Inconsistent provisions. 25
Insofar as the provisions of this chapter are inconsistent with the provisions of any other 26
law or ordinance, general, special or local, the provisions of this chapter shall be controlling. 27
16-32-45. Liberal construction. 28
Neither this chapter nor anything contained in this chapter is or shall be construed as a 29
restriction or limitation upon any powers, which the board might otherwise have under any laws of 30
this state, and this chapter is cumulative to any powers. This chapter does and shall be construed to 31
provide a complete, additional, and alternative method of doing things authorized by this chapter 32
and shall be regarded as supplemental and additional to powers conferred by other laws. 33
SECTION 3. Section 35-18-3 of the General Laws in Chapter 35-18 entitled "Public 34
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Corporation Debt Management" is hereby amended to read as follows: 1
35-18-3. Approval by the general assembly. 2
(a) No elected or appointed state official may enter into any financing lease or into any 3
guarantee with any person without the prior approval of the general assembly unless: 4
(1) The governor certifies that federal funds will be available to make all of the payments 5
which the state is or could be obligated to make under the financing lease or guarantee; or 6
(2) The general assembly has adjourned for the year with the expectation that it will not 7
meet again until the following year and the governor certifies that action is necessary, because of 8
events occurring after the general assembly has adjourned, to protect the physical integrity of an 9
essential public facility, to ensure the continued delivery of essential public services, or to maintain 10
the credit worthiness of the state in the financial markets. 11
(b) No bonds may be issued or other obligation incurred by any public corporation to 12
finance, in whole or in part, the construction, acquisition, or improvement of any essential public 13
facility without the prior approval of the general assembly, unless: 14
(1) The governor certifies that federal funds will be available to make all of the payments 15
required to be made by the public corporation in connection with the bond or obligation. The 16
certification shall be transmitted to the speaker of the house and the president of the senate with 17
copies to the chairpersons of the respective finance committees and fiscal advisors; or 18
(2) The general assembly has adjourned for the year with the expectation that it will not 19
meet again until the following year and the governor certifies that action is necessary, because of 20
events occurring after the general assembly has adjourned, to protect the physical integrity of an 21
essential public facility, to ensure the continued delivery of essential public services, or to maintain 22
the credit worthiness of the state in the financial markets. The certification shall be transmitted to 23
the speaker of the house and the president of the senate, with copies to the chairpersons of the 24
respective finance committees and fiscal advisors. 25
(c) In addition to, and not by way of limitation on, the exemptions provided in subsections 26
(a) and (b), prior approval by the general assembly shall not be required under this chapter for 27
bonds or other obligations issued by, or financing leases or guarantee agreements entered into by: 28
(1) The Rhode Island Industrial Facilities Corporation; provided financing leases, bonds or 29
other obligations are being issued for an economic development project; 30
(2) The Rhode Island infrastructure bank; 31
(3) The Rhode Island housing and mortgage finance corporation; 32
(4) The Rhode Island student loan authority; 33
(5) Any public corporation to refund any bond or other obligation issued by the public 34
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corporation to finance the acquisition, construction, or improvement of an essential public facility 1
provided that the governor certifies to the speaker of the house and the president of the senate, with 2
copies to the chairpersons of the respective finance committees and fiscal advisors that the 3
refunding shall provide a net benefit to the issuer; provided, however, obligations of the Rhode 4
Island resource recovery corporation outstanding on July 31, 1999, may be refunded by the issuance 5
of obligations on or before August 1, 1999; 6
(6) The Narragansett Bay commission; 7
(7) The Rhode Island health and educational building corporation, except bonds or other 8
obligations issued in connection with the acquisition, construction, or improvement of any facility 9
used by any state agency, department, board, or commission, including the council on 10
postsecondary education, to provide services to the public pursuant to the requirements of state or 11
federal law, and all fixtures for any of those facilities; and 12
(8) The state to refund any financing leases entered into with the authorization of the 13
general assembly, provided that the governor certifies to the speaker of the house and the president 14
of the senate, with copies to the chairpersons of the respective finance committees and fiscal 15
advisors, that the refunding shall provide a net benefit to the state.; and 16
(9) The University of Rhode Island and its board of trustees. 17
(d) Nothing contained in this section applies to any loan authorized to be borrowed under 18
Article VI, § 16 or 17 of the Rhode Island Constitution. 19
(e) Nothing in this section is intended to expand in any way the borrowing authority of any 20
public corporation under its charter. 21
(f)(1) Any certification made by the governor under subsection (a), (b), or (c) of this section 22
may be relied upon by any person, including without limitation, bond counsel. 23
(2) The certifications shall be transmitted to the speaker of the house and the president of 24
the senate with copies to the chairpersons of the respective finance committees and fiscal advisors. 25
(g) Except as provided for in this chapter, the requirements of this chapter supersede any 26
other special or general provision of law, including any provision which purports to exempt sales 27
or leases between the state and a public corporation from the operation of any law. 28
SECTION 4. This act shall take effect upon passage. 29
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND
***
This act would enhance and further define the role of the board of trustees of the University 1
of Rhode Island, and would provide the board of trustees with tort claim protections similar to other 2
state colleges and agencies. This act would also provide a more efficient procurement process for 3
the university. 4
This act would take effect upon passage. 5
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