2022 -- H 8123

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LC004577

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND (SEE TITLE 16

CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

     

     Introduced By: Representatives Fogarty, McEntee, McGaw, Tanzi, Carson, Speakman,
Donovan, Ranglin-Vassell, Amore, and Craven

     Date Introduced: April 08, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-32-2 of the General Laws in Chapter 16-32 entitled "University

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of Rhode Island [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

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amended to read as follows:

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     16-32-2. Board of Trustees established.

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     (a) There is hereby created a board of trustees for the university of Rhode Island, sometimes

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referred to as the "board" or "board of trustees," which shall be and is constituted a public

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corporation, empowered to sue and be sued in its own name; to borrow money; to compromise and

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settle claims; to have a seal; and to make and execute contracts and other instruments necessary or

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convenient to the exercise of its powers; and to exercise all the powers, in addition to those

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specifically enumerated in this chapter, usually appertaining to public corporations entrusted with

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control of postsecondary educational institutions and functions. Upon its organization, the board

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shall be vested with the legal title to all property, real and personal, now owned by and/or under

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the control or in the custody of the council on postsecondary education for the use of the university

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of Rhode Island, including all its departments, divisions, and branches, sometimes referred to as

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the property.

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     (b) The board is empowered to hold and operate the property in trust for the state; to

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acquire, hold, and dispose of the property and other like property as deemed necessary for the

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execution of its corporate purposes. The board is made successor to all powers, rights, duties, and

 

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privileges for the university of Rhode Island formerly belonging to the council on postsecondary

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education pertaining to postsecondary education and the board of governors for higher education.

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     (c) The board shall be the employer of record for the university. It shall retain all authority

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formerly vested in the council on postsecondary education and the board of education regarding

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the employment of faculty and staff at the university of Rhode Island. The board shall appoint the

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president of the university and shall review their performance on an annual basis.

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     (1) The board is empowered to enter into contracts and agreements with the council on

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postsecondary education and/or the department of administration related to employee benefits,

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including but not limited to retirement benefits, health, dental, vision and life insurance, disability

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insurance, workers' compensation, and tuition waivers to maximize the state's and university's

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purchasing and investment portfolio and educational opportunities for the benefit of its employees.

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     (2) The board is empowered to enter into collective bargaining agreements as appropriate

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with its employees and all existing collective bargaining agreements in effect when the board is

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established pursuant to § 16-32-2.2 shall be transferred from the council on postsecondary

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education to the board.

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     (d) The board shall make rules and regulations for the control and use of all public

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properties and highways under its care, and for violations of those rules and regulations; penalties,

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up to one hundred dollars ($100) and costs for any one offense, may be imposed by any district

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court or police court in the city or town where the violation occurs; and, in general, the board shall

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take all actions necessary for the proper execution of the powers and duties granted to, and imposed

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upon, the board by the terms of this chapter.

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     (e) The board shall make rules and regulations pursuant to chapter 2 of title 37 to implement

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its responsibilities as a public agency for procurement purposes as defined in § 37-2-7(16).

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     (1) Notwithstanding the provisions of § 37-2-22, small procurements made by the board

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and the university shall not exceed an aggregate amount of fifty thousand dollars ($50,000) for

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construction and ten thousand dollars ($10,000) for all other purchases, regardless of the source of

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funding, and shall be made in accordance with small purchase regulations promulgated by the

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board. These thresholds may be increased annually through an amendment to the small purchase

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regulations promulgated by the board of trustees, to reflect the annual increase in the federal

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Consumer Price Index published by the United States Department of Labor from the date of any

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prior adjustment.

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     (f) The board shall evaluate data on which to base performance of the university as

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described in subsection (g) of this section which shall be defined by the president of the university.

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These measures may include and incorporate outcomes or goals from multiple, previous years. The

 

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lack of information from previous years, however, will not affect the use of performance-based

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measures.

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     (g) The university of Rhode Island shall have unique measures consistent with its purpose,

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role, scope, and mission. The board shall provide faculty and students an opportunity to provide

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input on the development of performance measures.

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     (1) The performance-based measures shall include, but not be limited to, the following

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metrics:

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     (i) The number and percentage, including growth in relation to enrollment and prior years

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of bachelor's degrees awarded to first-time, full-time students within four (4) years and six (6)

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years, including summer graduates;

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     (ii) The number of degrees awarded that are tied to Rhode Island's high demand, high-wage

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employment opportunities consistent with the institution's mission;

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     (iii) One metric that applies only to the university, in consultation with the president, which

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shall consider faculty, staff, and student input; and

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     (iv) Any other metrics that are deemed appropriate by the board.

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     (2) Weight may be assigned to any of the aforementioned metrics to reinforce the mission

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of the university, the economic needs of the state, and the socio-economic status of the students.

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     (h) The board shall hold the university accountable for developing and implementing

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transfer pathways for students from the community college of Rhode Island and Rhode Island

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college.

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     (i) The board shall supervise, coordinate, and/or authorize audits, civil and administrative

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investigations, and inspections or oversight reviews, when necessary, relating to expenditure of

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state or federal funds, or to any and all university programs and operations, as well as the

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procurement of any supplies, services, or construction, by the university. In the course of an audit

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or investigation, the board authorized auditor(s) shall review statutes and regulations of the

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university and shall determine if the university is in compliance and shall make recommendations

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concerning the efficiency of operations, and the effect of such statutes or regulations on internal

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controls and the prevention and detection of fraud, waste, and abuse. The board authorized

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auditor(s) may recommend policies or procedures that may strengthen internal controls, or assist in

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the prevention or detection of fraud, waste, and abuse or mismanagement. Any audits conducted

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shall be transmitted to the office of internal audit established in chapter 7.1 of title 35.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND (SEE TITLE 16

CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

***

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     This act would allow the board of trustees of the University of Rhode Island to make small

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procurements, up to fifty thousand dollars ($50,000), for construction and ten thousand dollars

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($10,000) for all other purchases pursuant to small purchase regulations promulgated by the board.

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The purchasing thresholds may be increased annually by the board to reflect annual increases in

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the federal Consumer Price Index published by the United States Department of Labor.

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     This act would take effect upon passage.

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