law19088-09

=======

art.009/10/009/9/009/8/009/7/009/6/009/5/009/4/009/3/009/2

=======

ARTICLE 9

RELATING TO EDUCATION

SECTION 1. Sections 16-7-20 and 16-7-21 of the General Laws in Chapter 16-7 entitled

"Foundation Level School Support [See Title 16 Chapter 97 - The Rhode Island Board of Education

Act]" are hereby amended to read as follows:

16-7-20. Determination of state's share.

(a) For each community the state's share shall be computed as follows: Let

R = state share ratio for the community.

v = adjusted equalized weighted assessed valuation for the community, as defined in

§ 16-7-21(3).

V = sum of the values of v for all communities.

m = average daily membership of pupils in the community as defined in § 16-7-22(3).

M = total average daily membership of pupils in the state.

E = approved reimbursable expenditures for the community for the reference year minus

the excess costs of special education, tuitions, federal and state receipts, and other

income.

Then the state share entitlement for the community shall be RE where

R = 1 - 0.5vM/(Vm) through June 30, 2011, and R = 1 - 0.475 vM/(Vm) beginning on July

1, 2011 and thereafter.

Except that in no case shall R be less than zero percent (0%).

(b) Whenever any funds are appropriated for educational purposes, the funds shall be used

for educational purposes only and all state funds appropriated for educational purposes must be

used to supplement any and all money allocated by a city or town for educational purposes and in

no event shall state funds be used to supplant, directly or indirectly, any money allocated by a city

or town for educational purposes. The courts of this state shall enforce this section by writ of

mandamus.

Children's Hospital shall be reimbursed one hundred percent (100%) of all expenditures approved

by the board of regents for elementary and secondaryeducation council on elementary and

secondary education in accordance with currently existing rules and regulations for administering

state aid, and subject to annual appropriations by the general assembly including, but not limited

to, expenditures for educational personnel, supplies, and materials in the prior fiscal year.

(d) In the event the computation of the state's share for any local education agency as

outlined in subsection (a) is determined to have been calculated incorrectly after the state budget

for that fiscal year has been enacted, the commissioner of elementary of and secondary education

shall notify affected local education agencies, the senate president, and the speaker of the house

within fifteen (15) days of the determination.

(e) Realignment of aid payments to the affected local education agencies pursuant to

subsection (d) shall occur in the following fiscal year:

(1) If the determination shows aid is underpaid to the local education agency, any amounts

owed shall be paid in equal monthly installments.

(2) If the determination shows aid was overpaid, the department of elementary and

secondary education shall recapture some amount of the aid from the overpaid local education

agency. The amount to be withheld shall be equal to the amount of the overpayment prorated to the

number of full months remaining in the fiscal year when the notification required in subsection (d)

was made.

16-7-21. Determination and adjustment of equalized weighted assessed valuation.

On or before August 1 of each year the division of property valuation within the department

of revenue shall determine and certify to the commissioner of elementary and secondary education

the equalized weighted assessed valuation for each city and town in the following manner:

(1) The total assessed valuations of real and tangible personal property for each city and

town as of December 31 of the third preceding calendar year shall be weighted by bringing the

valuation to the true and market value of real and tangible personal property. The total assessed

valuations of real and tangible personal property for all cities and towns shall be applied to the true

and market valuations of the property for all cities and towns and the resulting percentage shall

determine the average throughout the state. This percentage applied to the sum of the total true and

market value of real and tangible personal property of each city and town shall be the equalized

weighted assessed valuation of each city and town.

(2) The equalized weighted assessed valuation for each city and town shall be allocated to

the particular city or town, and in the case of a regional school district which that does not service

all grades, except the Chariho regional high school district, the commissioner of elementary and

secondary education shall apportion that proportion of the equalized weighted assessed valuation

of the member cities or towns which that the average daily membership serviced by the regional

school district bears to the total average daily membership, and the equalized weighted assessed

valuation of the member cities and towns shall be appropriately reduced.

(3) The equalized weighted assessed valuation for each community as allocated or

apportioned in accordance with subdivision subsection (2) of this section shall be adjusted by the

ratio which that the median family income of a city or town bears to the statewide median family

income as reported in the latest available federal census data. The total state adjusted equalized

weighted assessed valuation shall be the same as the total state equalized weighted assessed

valuation.

(4) In the event that certified data is later determined to be incorrect, the division of

property valuation, in conjunction with the commissioner of elementary and secondary education,

shall inform local education agencies, the senate president, and the speaker of the house of the

issue(s) within five (5) days of the determination.

SECTION 2. Legislative findings and intent. The general assembly hereby finds and

declares that:

(1) The University university of Rhode Island has become a public research university

educating more than eighteen thousand (18,000) students annually, and offering opportunities to

study in more than ninety (90) bachelor’s degree, more than seventy (70) graduate degree, and more

than twenty (20) certificate and non-degree programs.;

(2) The aspirations of high school graduates and their families require the continuous

innovation and transformation of the university and its academic programs.;

(3) The shrinking and shifting demographics of high school graduates in the region coupled

with the increased competitiveness of the higher education marketplace requires the university to

be strategic, nimble, and innovative in its recruitment, financial aid, and academic offerings in order

to be successful.;

(4) The University university of Rhode Island’s peer institutions and aspirational

competitor institutions have governing bodies solely dedicated to the success of their mission and

focus on these higher education trends and best practices for their public research university,; and

(5) The University university of Rhode Island would benefit from having a Board of

Trustees board of trustees entirely committed to exploring opportunities, addressing challenges,

and creating new economic opportunities and partnerships for the university.; and

(6) The general assembly finds that the establishment of a University university of Rhode

Island board of trustees is necessary to effectuate these goals for the governance and support of the

University university of Rhode Island.

SECTION 3. Sections 16-32-2, 16-32-2.1, 16-32-5, 16-32-9, 16-32-10, 16-32-11, 16-32-

12, 16-32-15, 16-32-25 and 16-32-26 of the General Laws in Chapter 16-32 entitled "University of

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

amended to read as follows:

16-32-2. Continuation of powers of board. Board of Trustees established.

The change in name shall in no way affect the powers and duties of the board of governors

for higher education defined in chapter 59 of this title; and the board of governors for higher

education shall be responsible for the control, management, and operation of the University of

Rhode Island in the same manner as previously it was responsible for the control, management, and

operation of it under the name of Rhode Island State College.

(a) There is hereby created a board of trustees for the University university of Rhode

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

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

compromise and settle claims,; to have a seal,; and to make and execute contracts and other

instruments necessary or convenient to the exercise of its powers,; and to exercise all the powers,

in addition to those specifically enumerated in this chapter, usually appertaining to public

corporations entrusted with control of postsecondary educational institutions and functions. Upon

its organization, the board shall be vested with the legal title to all property, real and personal, now

owned by and/or under the control or in the custody of the council on postsecondary education for

the use of the University university of Rhode Island, including all its departments, divisions, and

branches, sometimes referred to as the property.

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

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

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

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

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

higher education.

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

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

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

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

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

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

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

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

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

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

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

education to the board.

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

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

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

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

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

upon, the board by the terms of this chapter.

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

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

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

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

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

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

measures.

(g) The University university of Rhode Island shall have unique measures consistent with

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

to provide input on the development of performance measures.

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

metrics:

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

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

years, including summer graduates;

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

employment opportunities consistent with the institution's mission;

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

shall consider faculty, staff, and student input; and

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

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

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

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

transfer pathways for students from the Community College community college of Rhode Island

and Rhode Island College college.

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

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

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

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

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

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

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

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

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

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

shall be transmitted to the office of internal audit established in general law 35-7.1chapter 7.1 of

title 35.

16-32-2.1. Additional powers of the President of the University.

In addition to any powers granted to the president of the University university of Rhode

Island by law or regulation, and consistent with shared governance practices, in conformity with §

16-32-10, the president shall have the following additional powers and duties:

(a) To create, and consolidate departments, divisions, programs, and courses of study

within the university with the assistance of the commissioner of postsecondary education within

and the approved role and scope of the president's authority adopted by the council on

postsecondary education pursuant to § 16-59-4 board of trustees. Any new or proposed eliminations

of departments, divisions, programs, or courses of study that are outside the role and scope

approved by the council board shall require the review and approval of the council on

postsecondary education board.

(b) To adopt a budget for the university and submit it to the council on postsecondary

education board of trustees for approval.

(d) To recommend to the council on postsecondary education, after consultation with the

commissioner of postsecondary education board of trustees, tables of organization for the

university.

(e) To submit to the office of postsecondary commissioner board of trustees and to compile

and analyze the following information for presentation to the council on postsecondary education

and the board of education board annually by May 1st the following:

(1) A detailed departmental breakdown of all faculty members employed at the university

by rank (including all professors, associate professors, assistant professors, lecturers, and

instructors) and tenure (tenured and non-tenured, and other) and by race (African American,

Hispanic, Native American, and Asian) and gender.

(2) A detailed report on current student enrollments for each class at the university by race

and gender, by academic department, and by outreach program (e.g. talent development),

guaranteed admissions program, and the current levels of funding and staff support for each of

these programs.

(3) A report on the current status of the African and Afro-American studies programs at

the university and a five (5) year budgetary history of the programs along with projections for

budgetary support for the next two (2) years.

(4)(3)(4) A plan for recruitment of African American and Hispanic faculty into tenure track

positions at the university with specific reference to and planned involvement with the New

England higher education's minority faculty recruitment and development plan.

(5)(4)(5) Copies of the report shall be furnished to the council of postsecondary education

and the board of education board of trustees.

(f) To assist the board of trustees in preparation and maintenance of a three-(3) year (3)

strategic funding plan for the university; to assist the board in the preparation and presentation

annually to the state budget officer in accordance with § 35-3-4 of a total university budget.

(g) To monitor, publish, and report to the board of trustees the level of performance on all

metrics of the universities set forth in § 16-32-2 and in accordance with this chapter. The president

shall revise the metrics at a time when performance has reached a level pre-defined by the board.

Future metrics may further goals identified by the board, the board of education, and the governor's

workforce board, and the purpose and mission of the university. The university shall publish its

performance on all of its associated metrics prescribed in this chapter on its website.

16-32-5. Authority over experiment station.

The board of governors for higher education board of trustees shall have authority over the

experiment station of the university located in the town of South Kingstown.

16-32-9. Annual appropriations.

(a) The general assembly shall annually appropriate any sum as it may deem sufficient for

the purpose of defraying the expenses of the university, the appropriation to be expended under the

direction of the trustees and officers of the university. The state controller is authorized and directed

to draw his or her orders upon the general treasurer for the payment of the appropriations or so

much of the sums that are necessary for the purposes appropriated, upon the receipt by him or her

of proper vouchers as the board of trustees may by rule provide. The board shall receive, review,

and adjust the budget for the university and present the budget under the requirements of § 35-3-4.

(b) Any tuition or fee increase schedules in effect for the university shall be received by

the board of trustees for allocation for the fiscal year for which state appropriations are made to the

board by the general assembly; provided that no further increases may be made by the board for

the year for which appropriations are made.

supporting and no funds shall be appropriated by the general assembly to pay operating expenses,

including principal and interest on debt services, and overhead expenses for the facilities. Any debt

service costs on general obligation bonds presented to the voters in November 2000 and November

2004 or appropriated funds from the Rhode Island Capital Plan Fund capital plan fund or the

housing auxiliaries at the University university of Rhode Island shall not be subject to this self-

supporting requirement in order to provide funds for the building construction and rehabilitation

program.

(d) The additional costs to achieve self-supporting status shall be by the implementation of

a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,

operating expenses, principal, and interest on debt services, and overhead expenses.

(e) Notwithstanding paragraphs subsections (a) and (c) of this section or any provisions of

this title 16, to the extent necessary to comply with the provisions of any outstanding bonds issued

by the Rhode Island Health and Educational Building Corporation health and educational

building corporation or outstanding Lease Certificates of Participation lease certificates of

participation, in either case, issued for the benefit of the University university of Rhode Island,

the Community College community college of Rhode Island, and/or Rhode Island College college,

to the extent necessary to comply with the provisions of any such bonds or certificates of

participation, the general assembly shall annually appropriate any such sums it deems necessary

from educational and general revenues (including, but not limited to tuition) and auxiliary

enterprise revenues derived from the University university of Rhode Island, the Community

College community college of Rhode Island and Rhode Island College college, to be allocated by

the council on postsecondary education or by the board of trustees, as appropriate, in accordance

with the terms of the contracts with such bondholders or certificate holders.

16-32-10. Award of degrees -- Curriculum and government.

The board of trustees, with the approval of the president and a committee of the faculty of

the university, shall award academic degrees and diplomas and confer honors in the same manner

as is customary in American colleges. It shall also be the duty of the president and a committee of

the faculty, with the approval of the board of governors for higher education board of trustees, to

arrange courses of study conforming to all acts of Congress, and prescribe any qualifications for

the admission of students and any rules of study, exercise, discipline, and government as the

president and committee may deem proper.

16-32-11. Power to guarantee loans.

The board of governors for higher education board of trustees is authorized and empowered

to carry out the provisions of §§ 16-32-12 through 16-32-14 in regard to the guaranty of loans made

to societies and students at the university.

16-32-12. Acquisition of land -- Guaranty of loans to societies of students.

The board of governors for higher education board of trustees is authorized and empowered

on behalf of the University university of Rhode Island to acquire land and also to guarantee in the

name of the state approved loans made to societies of students at the university, for the purchase or

construction, upon lands owned by the university, of society houses which shall serve as student

dormitories. Any loans approved, upon default, shall become state obligations in the same manner

as any state bond.

16-32-15. Assumption of defaulted obligations -- Lien on property.

Whenever default is made on the part of a society in the payment of loans guaranteed under

the provisions of § 16-32-12, or any part of them, the board of governors for higher education board

of trustees is authorized to assume the obligation and to make required payments on principal and

interest from any of the appropriations available for the University university of Rhode Island. In

the event of a default, in cases where that board assumes the obligation of a society, the state shall

have a lien subject to any mortgages or encumbrances existing at the time on any and all property

of the society. The lien may be released after the reimbursement to the state of all payments made

on behalf of the society, plus accrued interest.

16-32-25. Establishment of college of pharmacy fund.

All money received pursuant to the provisions of chapter 3644 of the Public Laws of 1956

shall be deemed to be trust funds to be held by the general treasurer or by the University university

of Rhode Island Foundation foundation, as provided in § 16-32-26, in a special fund the income

of which shall be made available to the board of governors for higher education board of trustees

to be applied by it solely for use as scholarship grants in the field of pharmacy and allied sciences,

in any manner and under any conditions as the board of governors trustees for higher education

may determine. The board of governors trustees for higher education is authorized and empowered,

from time to time, as occasion may require, to draw on the general treasurer or on the University

university of Rhode Island Foundation foundation, for the annual income of the fund, or so much

of this amount as may be necessary, to carry out this objective.

16-32-26. Management of college of pharmacy fund.

(a) The general treasurer shall have the care and management of the fund with full power

to regulate the custody and safekeeping of all money and evidences of property belonging to the

fund. The treasurer shall deposit, subject to his or her order, to the use of this fund, all dividends,

interest, or income arising from it, in any bank or banks, trust company or trust companies, in which

funds of the state may be lawfully kept. The treasurer may invest and reinvest, in his or her

discretion, the money in the fund at any time and the dividends, interest, and income in any

securities or investments in which the deposits in savings banks and participation deposits in banks

and trust companies may be legally invested. The treasurer may change and vary the investments

from time to time, and he or she may sell and dispose of any investments made, when necessary to

meet the draft of the board of governors for higher education board of trustees as provided in § 16-

32-25.

(b) The general treasurer shall, upon the order of the governor to do so, transfer to the

University university of Rhode Island Foundation foundation created by act of the general

assembly at its January 1957 session all money and evidences of property comprising the fund, and

then his or her duties with respect to the fund shall cease, and the foundation shall after this hold

and administer the fund with all the powers and subject to all the duties imposed upon it by the act

of the general assembly with respect to other funds held by the foundation; provided, that the fund

shall be held by the foundation as a special fund and shall not be mingled with other funds held by

the foundation, and the net income of the fund shall be devoted exclusively to the object specified

in § 16-32-25.

SECTION 4. Sections 16-32.1-2 and 16-32.1-8 of the General Laws in Chapter 16-32.1

entitled "The University of Rhode Island Research Foundation Act [See Title 16 Chapter 97 - The

Rhode Island Board of Education Act]" are hereby amended to read as follows:

16-32.1-2. Creation and powers.

(a) There is hereby authorized, created and established a public corporation having a legal

existence distinct from the state and not constituting a department of state government, to be known

as the University university of Rhode Island Research Foundation research foundation, with such

powers as are set forth in this chapter, for the purposes of the development of scientific research,

technology, commercialization of intellectual property and such other purposes as may be

necessary to develop, promote and enhance scientific research and technology at the University

university of Rhode Island.

(b) The research foundation is authorized, created and established for the benefit of the

University university of Rhode Island and shall be organized exclusively for charitable,

educational and scientific purposes of the University university of Rhode Island within the

meaning of § 501(c)(3) of the Internal Revenue Code with the following powers and purposes:

(1) To aid and assist the University university of Rhode Island in the establishment,

development and fostering of scientific research and technology which will further the learning

opportunities, programs, services and enterprises of the University university and of the state of

Rhode Island;

(2) To assist in providing research programs at the University university of Rhode Island

which will provide for the advancement of education and educational programs at the University

university of Rhode Island and which will provide for opportunities to individuals for learning and

training in subjects useful to the individual and beneficial to the community;

(3) To promote, encourage and foster the education and training services, scientific

investigations, technology development and technology commercialization at the University

university of Rhode Island;

(4) To pursue, obtain and protect intellectual property rights (including patents, trademarks,

tangible materials and copyrights) in and to all valuable intellectual property flowing from or

belonging to the University university of Rhode Island and to administer such intellectual property

in conformity with applicable state and federal laws;

(5) To carry on any other lawful purpose within the meaning of § 501(c)(3) of the Internal

Revenue Code in connection with its purposes.

law or until the corporation shall cease entirely and continuously to conduct or be involved in any

business or transactions in furtherance of its purposes. Upon termination of the research foundation

and its corporate existence, all of its rights, assets and properties shall pass to and be vested in the

board of governors for higher education board of trustees for the benefit of the University

university of Rhode Island.

16-32.1-8. Annual report and audit.

The research foundation shall submit to the board of governors for higher education board

of trustees an audited report of its activities for the preceding fiscal year. The report shall set forth

a complete operating and financial statement covering the research foundation operations during

the preceding fiscal year. The research foundation shall cause an independent audit of its books and

accounts to be made at least once each fiscal year.

SECTION 5. Chapter 16-32 of the General Laws entitled "University of Rhode Island [See

Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding

thereto the following sections:

16-32-2.2. Appointment and removal of the board of trustees.

(a) There is hereby established a board of trustees for the University university of Rhode

Island consisting of seventeen (17) members. The governor shall appoint the members, with the

advice and consent of the senate, to serve on the board of trustees, until the expiration of their term

and their successor is appointed. In making these appointments the governor shall give due

consideration to recommendations from the president of the University university of Rhode Island

and at least three (3) of those members appointed by the governor shall be residents of the State of

Rhode Island, at least one of those members shall be selected from a list of names of at least five

(5) individuals submitted by the speaker of the house of representatives, and at least one of those

members shall be selected from a list of names of at least five (5) individuals submitted by the

president of the senate. In addition, the president of the University university of Rhode Island shall

appoint one faculty member and one student member who shall be a full-time student in good

standing at the university and who shall both serve in a non-voting, ex officio capacity for a single

two (2) year term. The chair of the board of education and the chair of the council on postsecondary

education shall serve in a non-voting, ex-officio capacity on the board of trustees. Six (6) of the

members initially appointed pursuant to this section shall serve terms of three (3) years; seven (7)

members initially appointed pursuant to this section shall serve terms of two (2) years, including

the member appointed from the list submitted by the speaker of the house of representatives and

the member appointed from the list submitted by the president of the senate; and, four (4) members

initially appointed pursuant to this section shall serve terms of one year. Thirteen (13) voting

members of the board shall constitute a quorum and the vote of a majority of those present and

voting shall be required for action.

(b) After the initial terms of appointment have expired, the governor shall appoint nine (9)

members with the advice and consent of the senate to serve as members of the board of trustees

with two (2) members appointed for a term of three (3) years; with two (2) members appointed for

a term of two (2) years, including the member appointed from the list submitted by the speaker of

the house of representatives and the member appointed from the list submitted by the president of

the senate; and with two (2) members appointed for a term of one year and shall be eligible to be

reappointed to a term of two (2) years. In making these appointments the governor shall give due

consideration to recommendations from the president of the University university of Rhode Island

and at least three (3) of those members appointed by the governor shall be residents of the State

state of Rhode Island, at least one of those members shall be selected from a list of names of at

least five (5) individuals submitted by the speaker of the house of representatives, and at least one

of those members shall be selected from a list of names of at least five (5) individuals submitted by

the president of the senate. The remaining eight (8) voting members shall be self-perpetuating

members appointed by the board pursuant to rules adopted by the board regarding the nomination

and appointment of members and shall serve terms as defined by the board pursuant to the adopted

rules and be eligible for reappointment. In making these appointments the board shall give due

consideration to recommendations from the president of the University university of Rhode Island.

voting board members pursuant to rules and regulations adopted by the board establishing the

procedure for electing a chair.

(d) Public members of the board shall be removable by the appointing authority of the

member for cause only, and removal solely for partisan or personal reasons unrelated to capacity

or fitness for the office shall be unlawful. No removal shall be made for any cause except after ten

(10) days' notice in writing of specific charges, with opportunity for the member to be present in

person and with counsel at a public hearing before the appointing authority, to introduce witnesses

and documentary evidence in his or her own defense, and to confront and cross-examine adversary

witnesses; and appeal shall lie to the superior court from the governor's determination.

16-32-32. Exemption from provisions of administrative procedures act.

The provisions of the administrative procedures act, chapter 35 of title 42, shall not apply

to this chapter.

16-32-33. Receipts from sources other than appropriations.

(a) Notwithstanding any general laws to the contrary, all receipts from all sources other

than state appropriations shall not be deposited into the general fund of the state, but shall be

deposited by the general treasurer of the state into a restricted account for the benefit of the board

of trustees, and shall be paid out by the treasurer upon the order of the board, without the necessity

of appropriation or re-appropriation by the general assembly.

(b) The board of trustees shall ensure that the university has a structure in place to prohibit

the university from accepting funds that would interfere with or restrict academic freedom at the

university. Nothing contained in this subsection shall be construed in a way as to prohibit a donor

from earmarking funds for a particular purpose or use, including, but not limited to, research,

scholarships, construction, or development.

16-32-34. Fiscal accounts -- Receipts -- Petty cash funds.

(a) The treasurer of the University university of Rhode Island, as appointed by the board

of trustees, shall:

(1) Keep an accurate account of his or her receipts and expenditures, which shall be audited

by the state controller; and

(2) Turn over to the general treasurer at monthly intervals all sums of money received by

him or her during the preceding month which shall be credited to the proper accounts and funds by

the general treasurer.

(b) The state controller shall establish an imprest fund or petty cash fund for the use of the

treasurer of the university for expenditures of any nature as may be approved by the state controller.

16-32-35. Audit of expenditures.

The pre-audit of all expenditures under authority of the board by the state controller

provided for in § 35-6-1 shall be purely ministerial, concerned only with the legality of the

expenditure and the availability of the funds, and in no event shall the state controller interpose his

or her judgment regarding the wisdom or expediency of any item or items of expenditure.

16-32-36. Freedom from budget and lease control by other agencies.

In order that the board of trustees may control the personnel and equipment of the

university in the interest of educational efficiency, the board and the university are exempt from

the provisions of § 35-3-1(a)(5) relating to the employment of personnel, and from any provision

of § 42-20-8 which that relates to the director of administration.

16-32-37. Applicability of merit system -- Teacher certification -- List of positions

transferable to classified service.

(a) The appointment, promotion, salaries, tenure, and dismissal of administrative,

instructional, and research employees, and secretarial employees not exceeding ten (10) in number,

and armed university police officers shall not be subject in any manner or degree to control by the

state personnel administrator or by any officer or board other than the board of trustees. The

certification of teachers at the University university of Rhode Island is abolished, except for

teachers who elect to come or remain under it.

(b) All positions that are exempt from the merit system law, chapter 4 of title 36, which

that become vacant or that are to be established, must be forwarded to the state personnel

administrator, who shall determine whether the position(s) in question shall remain in the board of

trustees non-classified service or be established in the classified service of the state.

law, chapter 4 of title 36, shall be changed or modified so as to establish the position in the board

of trustees non-classified service.

(d) Faculty positions, presidents, vice presidents, deans, assistant deans, and student

employees of the university shall not be covered by the preceding provisions and shall remain in

the non-classified service of the board.

16-32-38. Permanent status for non-classified employees.

All non-classified employees of the board of trustees who shall have twenty (20) years, not

necessarily consecutive, of service credit, these credits having been earned in either the classified,

non-classified, or unclassified service or any combination of these, shall be deemed to have

acquired full status in their positions as the status is defined by § 36-4-59 with the base entry date

prior to August 8, 1996; provided, that this provision shall not apply to faculty employed by the

board nor shall it apply to non-classified employees who have acquired tenure as faculty.

16-32-39. Longevity payments -- Non-classified employees.

(a) The non-classified employees of the board of trustees, except for faculty employees and

except for non-classified employees already receiving longevity increases, shall be entitled to a

longevity payment in the amount of five percent (5%) of base salary after ten (10) years of service

and increasing to a total of ten percent (10%) of base salary after twenty (20) years of service. The

provisions of this section will apply only to employees with a pay grade under nineteen (19). The

longevity payments shall not be included in base salary.

(b) The board of trustees is authorized to promulgate regulations implementing the

provisions of this section.

public laws or general laws to the contrary, there shall be no further longevity increases for

employees of the board of trustees; provided, however, for employees with longevity provisions

pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall

cease beginning on July 1, 2011, or beginning upon the expiration of the applicable collective

bargaining agreement, whichever occurs later. To the extent an employee has previously accrued

longevity payments, the amount of the longevity payment earned by the employee for the last pay

period in June, 2011, shall be added to the employee's base salary as of June 30, 2011, or in the

case of an employee with longevity provisions pursuant to a collective bargaining agreement in

effect on June 1, 2011, the amount of the longevity payment earned by the employee for the latter

of the last pay period in June or the last pay period prior to the expiration of the applicable collective

bargaining agreement shall be added to the employee's base salary as of June 30, 2011, or upon the

expiration of the applicable collective bargaining agreement, whichever occurs later.

16-32-40. Appointment of campus police.

(a) The board of trustees may appoint one or more persons who may act as police officers

upon the property and highways of the university subject to the control of the board and upon the

streets and highways immediately adjacent to those lands. The campus police officers shall protect

the property of the university,; suppress nuisances and disturbances and breaches of the peace,; and

enforce laws and regulations for the preservation of good order. They shall have the same powers

and authority as that conferred upon municipal police officers, including the power to arrest persons

for violations of state criminal statutes or for violations of city or town ordinances of the city or

town in which the institution is located. They shall be required to attend and successfully complete

the municipal police training academy before they shall be allowed to carry firearms. Additionally,

any campus police officer observing the violation of any rule or regulation of the board adopted

pursuant to this chapter, including, but not limited to, parking and traffic regulations, may issue a

summons in the manner and form set forth in §§ 31-27-12 or § 31-41.1-1 returnable to the district

court, the police court of the city or town where the violation occurs, or the traffic tribunal as

provided by law.

(b) Notwithstanding any other provision of law, all fines and penalties recovered for

violation of rules and regulations made under authority of this section shall be accounted for by the

appropriate authority, which shall forward all fines or penalties for nonmoving traffic violations to

the general treasurer for use by the college or university on whose campus the citation or violation

was issued in accordance with § 16-32-27.

16-32-41. Conflicts of interest.

No member of the board of trustees shall be employed in any position under the jurisdiction

of the board, nor contract in any manner for any purpose with the board; nor shall the board

purchase, sell, or lease any land, property, or supplies from or to any firm or business association

of which any member of the board is owner, part owner, or officer or director. No person related

by consanguinity or affinity in the first degree to any member of the board shall be employed in

any capacity under the board's jurisdiction.

16-32-42. Existing Bond Debt.

The board of trustees is authorized to take all actions, and execute and deliver all

agreements or instruments, necessary or convenient for the board to assume all of the obligations

on behalf of, and in replacement of, or jointly with the council on postsecondary education under

outstanding bonds issued by the Rhode Island Health and Educational Building Corporation Rhode

Island health and educational building corporation or outstanding Lease Certificates of

Participation lease certificates of participation, in either case, issued for the benefit of the

University university of Rhode Island, the Community College community college of Rhode

Island, and/or Rhode Island College college as may be necessary to ensure, among other items, that

the university continues to meet its obligations under such bonds or certificates.

SECTION 6. Sections 16-59-1, 16-59-6, 16-59-9, 16-59-13, 16-59-18, 16-59-19, 16-59-22

and 16-59-26 of the General Laws in Chapter 16-59 entitled "Council on Postsecondary Education

[See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" are hereby amended to read

as follows:

16-59-1. Council on Postsecondary Education established.

(a) There is created a council on postsecondary education, sometimes referred to as the

"council,", which shall be and is constituted a public corporation, empowered to sue and be sued in

its own name, and to exercise all the powers, in addition to those specifically enumerated in this

chapter, usually appertaining to public corporations entrusted with control of postsecondary

educational institutions and functions. Upon its organization, the council shall be invested with the

legal title (in trust for the state) to all property, real and personal, now owned by and/or under the

control or in custody of the board of regents for education for the use of the University of Rhode

Island, Rhode Island College college, Community College the community college of Rhode Island

and the system of community colleges of Rhode Island, including all departments, divisions, and

branches of these.

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

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

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

privileges formerly belonging to the board of regents for education pertaining to postsecondary

education and the board of governors for higher education.

college and the Community College community college of Rhode Island and the office of

postsecondary education. It shall retain all authority formerly vested in the board of education

regarding the employment of faculty and staff at the public higher education institutions Rhode

Island College college and the Community College community college of Rhode Island.

(d) The council shall be the governing body for the Rhode Island division of higher

education assistance and shall retain all authority formerly vested in the higher education assistance

authority board of directors pursuant to § 16-57-7; however, any debts, liabilities, or obligations of

the council that result from its status as such governing body shall be payable solely from the

revenues or assets of reserve funds set forth and established by the prior Rhode Island higher

education assistance authority and/or the Rhode Island division of higher education assistance

created pursuant to chapter 57 of this title, and not from any assets or property held by the council

on public higher education pursuant to this chapter.

(e) The council on postsecondary education shall be the employer of record for the division

of higher education assistance.

(f) The council on postsecondary education, simultaneous with the transfer of authority to

the University university of Rhode Island board of trustees pursuant to § 16-32-2, shall enter into

a sublease with the University university of Rhode Island board of trustees for the space the

University university currently occupies at the Rhode Island Nursing Education Center nursing

education center in Providence, Rhode Island, such sublease being coterminous with the Lease

lease and incorporating the same terms, conditions and space allocations currently in effect under

the Lease lease, and R.I. Public Law 2014, Chapter 145, Article 4, Section 8 P.L. 2014, ch. 145,

art. 4, § 8, and that certain Memorandum of Understanding memorandum of understanding

dated January 7, 2017, among the Rhode Island Office of Postsecondary Commissioner office of

postsecondary commissioner, the University university of Rhode Island and Rhode Island

College college.

(g) The council is empowered to enter into contracts and agreements with the board of

trustees for the University university of Rhode Island and/or the department of administration

related to public higher education employee benefits, including, but not limited to, retirement

benefits, health, dental, vision and life insurance, disability insurance, workers’ compensation, and

tuition waivers to maximize the state’s and council’s purchasing and investment portfolio and

educational opportunities for the benefit of its employees.

16-59-6. Commissioner of postsecondary education.

The council on postsecondary education, with approval of the board, shall appoint a

commissioner of postsecondary education, who shall serve at the pleasure of the council, provided

that his or her initial engagement by the council shall be for a period of not more than three (3)

years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary

education, the governor shall serve as an additional voting member of the council. The position of

commissioner shall be in the unclassified service of the state and he or she shall serve as the chief

executive officer of the council on postsecondary education, the chief administrative officer of the

office of postsecondary commissioner, and the executive director of the division of higher

education assistance. The commissioner of postsecondary education shall have any duties that are

defined in this section and in this title and other additional duties as may be determined by the

council, and shall perform any other duties as may be vested in him or her by law. In addition to

these duties and general supervision of the office of postsecondary commissioner and the

appointment of the several officers and employees of the office, it shall be the duty of the

commissioner of postsecondary education:

(1) To develop and implement a systematic program of information gathering, processing,

and analysis addressed to every aspect of higher education in the state, especially as that

information relates to current and future educational needs.

(2) To prepare a strategic plan for higher education in the state aligned with the goals of

the board of education's strategic plan; to coordinate the goals and objectives of the higher public

education sector with the goals of the council on elementary and secondary education and activities

of the independent higher education sector where feasible.

(3) To communicate with, and seek the advice of those concerned with, and affected by the

board of education's and council's determinations.

(4) To implement broad policy as it pertains to the goals and objectives established by the

board of education and council on postsecondary education; to promote better coordination

between higher public education in the state, independent higher education in the state as provided

in subdivision subsection (10) of this section, and pre k-12 education; to assist in the preparation

of the budget for public higher education; and to be responsible, upon direction of the council, for

the allocation of appropriations, the acquisition, holding, disposition of property.

(5) To be responsible for the coordination of the various higher educational functions of

the state so that maximum efficiency and economy can be achieved.

(6) To assist the board of education in preparation and maintenance of a five-year (5)

strategic funding plan for higher education; to assist the council in the preparation and presentation

annually to the state budget officer in accordance with § 35-3-4 of a total, public higher educational

budget.

(7) To recommend to the council on postsecondary education, after consultation with the

presidents, a clear and definitive mission for each public institution of higher learning college.

(8) To annually recommend to the council on postsecondary education, after consultation

with the presidents, the creation, abolition, retention, or consolidation of departments, divisions,

programs, and courses of study within the public colleges and universities to eliminate unnecessary

duplication in public higher education, to address the future needs of public higher education in the

state, and to advance proposals recommended by the presidents of the public colleges and

universities pursuant to §§ 16-32-2.1, 16-33-2.1 and 16-33.1-2.1.

(9) To supervise the operations of the office of postsecondary commissioner, including the

division of higher education assistance, and any other additional duties and responsibilities that

may be assigned by the council.

(10) To perform the duties vested in the council with relation to independent higher

educational institutions within the state under the terms of chapter 40 of this title and any other

laws that affect independent higher education in the state.

(11) To be responsible for the administration of policies, rules, and regulations of the

council on postsecondary education with relation to the entire field of higher education within the

state, not specifically granted to any other department, board, or agency and not incompatible with

law.

(12) To prepare standard accounting procedures for public higher education and all public

colleges and universities.

(13) To carry out the policies and directives of the board of education and the council on

postsecondary education through the office of postsecondary commissioner and through utilization

of the resources of the public institutions of higher learning colleges.

(14) To enter into interstate reciprocity agreements regarding the provision of

postsecondary distance education; to administer such agreements; to approve or disapprove

applications to voluntarily participate in such agreements from postsecondary institutions that have

their principal place of business in Rhode Island; and to establish annual fees, with the approval of

the council on postsecondary education, for aforesaid applications to participate in an interstate

postsecondary distance education reciprocity agreement.

(15) To the extent necessary for participation, and to the extent required and stated in any

distance learning reciprocity agreement, to implement procedures to address complaints received

from out-of-state students in connection with, or related to, any Rhode Island postsecondary

institution, public or private, that has been approved to participate in said reciprocity agreement.

(16) To exercise all powers and duties of the division of higher education assistance as set

forth under the terms of chapter 57 of this title.

16-59-9. Educational budget and appropriations.

(a) The general assembly shall annually appropriate any sums it deems necessary for

support and maintenance of higher education in the state and the state controller is authorized and

directed to draw his or her orders upon the general treasurer for the payment of the appropriations

or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him

or her of proper vouchers as the council on postsecondary education may by rule provide. The

council shall receive, review, and adjust the budget for the office of postsecondary commissioner

and present the budget as part of the budget for higher education under the requirements of § 35-3-

(b) The office of postsecondary commissioner and the institutions of public higher

education shall establish working capital accounts.

education shall be received by the council on postsecondary education for allocation for the fiscal

year for which state appropriations are made to the council by the general assembly; provided that

no further increases may be made by the board of education or the council on postsecondary

education for the year for which appropriations are made. Except that these provisions shall not

apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode

Island, Rhode Island college, and the community colleges including student fees as described in

P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257

as amended.

(d) All housing, dining, and other auxiliary facilities at all public institutions of higher

learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay

operating expenses, including principal and interest on debt services, and overhead expenses for

the facilities, with the exception of the mandatory fees covered by the Rhode Island promise

scholarship program as established by § 16-107-3. Any debt-service costs on general obligation

bonds presented to the voters in November 2000 and November 2004 or appropriated funds from

the Rhode Island capital plan for the housing auxiliaries at the university of Rhode Island and

Rhode Island college shall not be subject to this self-supporting requirement in order to provide

funds for the building construction and rehabilitation program. The institutions of public higher

education will establish policies and procedures that enhance the opportunity for auxiliary facilities

to be self-supporting, including that all faculty provide timely and accurate copies of booklists for

required textbooks to the public higher educational institution's bookstore.

(e) The additional costs to achieve self-supporting status shall be by the implementation of

a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,

operating expenses, principal, and interest on debt services, and overhead expenses.

(f) The board of education is authorized to establish a restricted-receipt account for the

Higher Education and Industry Centers higher education and industry centers established

throughout the state to collect lease payments from occupying companies, and fees from room and

service rentals, to support the operation and maintenance of the facilities. All such revenues shall

be deposited to the restricted-receipt account.

(g) Notwithstanding paragraphs subsections (a) and (d) of this section or any provisions

of this title 16, to the extent necessary to comply with the provisions of any outstanding bonds

issued by the Rhode Island Health and Educational Building Corporation health and educational

building corporation or outstanding Lease Certificates of Participation lease certificates of

participation, in either case, issued for the benefit of the University university of Rhode Island,

the Community College community college of Rhode Island, and/or Rhode Island College college,

to the extent necessary to comply with the provisions of any such bonds or certificates of

participation, the general assembly shall annually appropriate any such sums it deems necessary

from educational and general revenues (including, but not limited to, tuition) and auxiliary

enterprise revenues derived from the University university of Rhode Island, the Community

College community College college of Rhode Island and Rhode Island College college, to be

allocated by the council on postsecondary education or by the board of trustees of the University

university of Rhode Island, as appropriate, in accordance with the terms of the contracts with such

bondholders or certificate holders.

16-59-13. Definitions.

Where in this chapter the phrase "public colleges" or "public institutions of higher learning"

or "public tax supported institutions of higher learning" or words of similar import are used they

shall be taken to mean the University of Rhode Island, Rhode Island College college, and the

Community College community college of Rhode Island, or any other of these public colleges,

public institutions of higher learning, or public tax supported institutions of higher learning other

than the University university of Rhode Island, which may be created, individually or collectively,

as appropriate.

16-59-18. Receipts from sources other than appropriations.

(a) All receipts from all sources other than state appropriations shall not be covered into

the general fund of the state, but shall be kept by the general treasurer of the state in a separate fund

for the board of governors for higher education, and shall be paid out by the treasurer upon the

order of the board, without the necessity of appropriation or re-appropriation by the general

assembly.

(b) The board of governors of higher education council on postsecondary education shall

ensure that state colleges and universities have a structure in place to prohibit these colleges and

universities from accepting funds that would interfere with or restrict academic freedom at the state

colleges and universities. Nothing contained in this subsection shall be construed in a way as to

prohibit a donor from earmarking funds for a particular purpose or use including but not limited to

research, scholarships, construction, or development.

16-59-19. Fiscal accounts -- Receipts -- Petty cash funds.

The treasurer of the University of Rhode Island, and the treasurer of the Rhode Island

College college to be appointed by the board of governors for higher education council on

postsecondary education, shall each keep an accurate account of his or her receipts and

expenditures which shall be audited by the state controller in accordance with law. The treasurer

of each college shall turn over to the general treasurer at monthly intervals all sums of money

received by him or her during the preceding month which shall be credited to the proper accounts

and funds by the general treasurer. The state controller shall establish an imprest fund or petty cash

fund for the use of the treasurer of each of the colleges for expenditures of any nature as may be

approved by the state controller.

16-59-22. Applicability of merit system -- Teacher certification -- List of positions

transferable to classified service.

(a) The appointment, promotion, salaries, tenure, and dismissal of administrative,

instructional, and research employees, and secretarial employees not exceeding ten (10) in number,

and armed college and university police officers of the state colleges shall not be subject in any

manner or degree to control by the personnel administrator or by any officer or board other than

the council on postsecondary education. The certification of teachers at the University of Rhode

Island is abolished, except for teachers who elect to come or remain under it.

(b) All positions that are exempt from the merit system law, chapter 4 of title 36, which

become vacant or that are to be established, must be forwarded to the personnel administrator, who,

in consultation with the deputy assistant commissioner of education in charge of personnel and

labor relations, shall determine whether the position(s) in question shall remain in the council on

postsecondary education non-classified service or be established in the classified service of the

state.

law, chapter 4 of title 36, shall be changed or modified so as to establish the position in the council

on postsecondary education non-classified service.

(d) Faculty positions, presidents, vice presidents, deans, assistant deans, and student

employees of the higher-education institutions shall not be covered by the preceding provisions and

shall remain in the council on postsecondary education non-classified service.

16-59-26. The public and private partnership in education.

(a) Purpose. The state of Rhode Island recognizes that research is a primary mission of an

institution of higher education. While carrying out its research mission, the state further recognizes

that inventions of value to the public will be made by persons working in its public institutions of

higher education. The marketing of these inventions will contribute to job creation and to the

overall economic well-being of the state of Rhode Island and the nation. It is accordingly the policy

of the state to encourage such inventors and inventions and to take appropriate steps to aid the

inventor and ensure that the public receives the benefit. In facilitating this policy, the state

recognizes the need for cooperation between governmental agencies, private industries, and the

inventors themselves.

(b) Definitions. The following words and phrases used in § 16-59-26 this section have the

following meaning:

(1) "Conflict of interest policies and procedures relating to research and development"

refers to policies and procedures adopted by the Rhode Island board of governors for higher

education, council on postsecondary education, or as it pertains to the University university of

Rhode Island, the board of trustees, in consultation with the Rhode Island ethics commission, and

approved by the Rhode Island ethics commission;

(2) "Relationship" includes any interest, service, employment, gift, or other benefit or

relationship;

(3) "Research or development" means basic or applied research or development, including:

(i) The development or marketing of university-owned technology;

(ii) The acquisition of services of an official or employee, by an entity for research and

development purposes;

(iii) Participation in state economic development programs; or

(iv) The development or marketing of any technology on the premises of a public

institution of higher education by an official or employee of the institution.

(1) The Rhode Island board of governors for higher education council on postsecondary

education, or as it pertains to the University university of Rhode Island, the board of trustees shall

develop conflict of interest policies and procedures based on the purposes expressed in art. 3, § 7

of the Constitution of the State of Rhode Island R.I. Const., Art. III, Sec. VII, § 36-14-1, and in

this section.

(2) The Rhode Island board of governors for higher education council on postsecondary

education, or as it pertains to the University university of Rhode Island, the board of trustees, shall

consult with the Rhode Island ethics commission in developing these policies and procedures and

shall submit them to the Rhode Island ethics commission for approval in order to insure conformity

with the purposes expressed in art. 3, § 7 of the Constitution of the State of Rhode Island R.I.

Const., Art. III, Sec. VII, § 36-14-1, and in this section.

(d) Policy standards. The policies and procedures adopted by the board of governors for

higher education council on postsecondary education, or as it pertains to the University

university of Rhode Island, the board of trustees under subsection (c) of this section shall:

(1) Require disclosure of any interest in, or employment by, or other relationship with an

entity for which an exemption under this section is claimed, on a form filed with the ethics

commission and the Rhode Island board of governors council on postsecondary education for

higher education, or as it pertains to the University university of Rhode Island, the board of trustees

and maintained as a public record at the commission offices, the office of higher education, and at

the interested public institution of higher education;

(2) Require review of all disclosures by a designated official or officials, who shall

determine what further information must be disclosed and what restrictions shall be imposed by the

Rhode Island board of governors for higher education council on postsecondary education, or as

it pertains to the University university of Rhode Island, the board of trustees to manage, reduce, or

eliminate any actual or potential conflict of interest;

(3) Include guidelines to ensure that interests and employment for which an exemption

under this section is claimed do not improperly give an advantage to entities in which the interests

or employment are maintained, lead to misuse of institution students or employees for the benefit

of entities in which the interests or employment are maintained, or otherwise interfere with the

duties and responsibilities of the exempt official or employee;

(4) Require approval by the president of the public institution of higher education of any

interest or employment for which an exemption is claimed under this section; and

(5) Require approval by the Rhode Island board of governors council on postsecondary

education for higher education, or as it pertains to the University university of Rhode Island, the

board of trustees.

(e) Relationship permitted. An official or employee at a public institution of higher

education may have a relationship, that would otherwise be prohibited by the Rhode Island Code

of Ethics in Government code of ethics in government, with an entity engaged in research or

development, or with an entity having a direct interest in the outcome of research or development,

only if the Rhode Island board of governors council on postsecondary education for higher

education, or as it pertains to the University university of Rhode Island, the board of trustees has

adopted policies and procedures in accordance with this section, and the official or employee has

complied with the policies and procedures. If the provisions of this section are not met, the official

or employee is not exempt from any relevant provisions of the Rhode Island Code of Ethics in

Government code of ethics in government.

(f) Annual reporting. The board of governors for higher education council on

postsecondary education, or as it pertains to the University university of Rhode Island, the board

of trustees shall report annually to the governor, the president of the senate and the speaker of the

house of representatives, and the ethics commission the number of approvals granted under this

section and how the conflict of interest policies and procedures adopted pursuant to this section

have been implemented in the preceding year.

(g) Person not eligible. An official or employee who is a president, or vice-president at a

public institution of higher education in Rhode Island may not receive an exemption under this

section.

(h) Ethics commission review. The board of governors for higher education council on

postsecondary education, or as it pertains to the University university of Rhode Island, the board

of trustees, shall promptly notify the ethics commission in writing of any exemption that is granted

under this section. If the ethics commission disagrees with an exemption that is granted pursuant

to this section and the conflict of interest policies and procedures relating to research and

development adopted by the board of governors for higher education council on postsecondary

education, within thirty (30) calendar days after the receipt of the notice described in this section,

the ethics commission shall notify the board of governors for higher education council on

postsecondary education reason for its concern. Upon receipt of such notice from the ethics

commission, the board of governors for higher education council on postsecondary education, or

as it pertains to the University university of Rhode Island, the board of trustees shall cause the

matter to be re-examined at an open and public meeting pursuant to § 42-46-1 et seq.

SECTION 7. Section 16-59-28 of the General Laws in Chapter 16-59 entitled "Council on

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

hereby repealed.

16-59-28. "Bachelors Degree in Three" program.

(a) The Rhode Island board of governors for higher education shall establish and administer

the "Bachelors Degree in Three" program. The board shall:

(1) Establish guidelines for the "Bachelors Degree in Three" program.

(2) Collaborate with the board of regents for elementary and secondary education to

establish a seamless credit transfer system for high school students and other policies that might

facilitate student participation in such a program.

(3) Identify and propose any necessary changes to academic courses of study, support

services, financial aid, and other policies and resources at the University of Rhode Island, Rhode

Island College and the Community College of Rhode Island to ensure greater opportunities for

students to complete bachelors degree programs in three (3) years.

(4) Identify potential costs of the program, including costs to students, to the institutions,

and to school districts, identify possible sources of external grant funding for a pilot program, and

propose a funding structure for the program.

(5) Investigate accreditation issues and federal financial aid rules that may be implicated

by the program.

(6) Identify units at the University of Rhode Island, Rhode Island College, and the

Community College of Rhode Island that will assume administrative responsibility for the program.

(7) Design, undertake and evaluate a three (3) year pilot program that will serve as a model

for full-scale implementation.

(b) The board shall present an initial report, recommendations and timeline to the general

assembly on or by February 1, 2011, and the pilot program will begin with the fall academic

semester of 2011.

SECTION 8. Sections 16-97-7 and 16-97-1 of the General Laws in Chapter 16-97 entitled

"The Rhode Island Board of Education Act" are hereby amended to read as follows:

16-97-1. Rhode Island board of education established.

(a) Effective January 1, 2013, there is created a board of education that shall be responsible

for and shall exercise the purposes, powers, and duties of, this chapter and chapters 59 and 60 of

this title. The board is responsible for the coordination of education from pre-k through higher

education and shall set goals and policies for the effective coordination of these public education

systems.

(b) The board of education shall consist of seventeen (17) public members appointed by

the governor with the advice and consent of the senate, eight (8) of whom shall be designated to

serve on the council for on elementary and secondary education and eight (8) of whom shall be

designated to serve on the council for on postsecondary education. The chairperson of the board

shall serve as a member of both councils. Six (6) of the members initially appointed pursuant to

this section shall serve terms of three (3) years; six (6) members initially appointed pursuant to this

section shall serve terms of two (2) years; and, four (4) members initially appointed pursuant to this

section shall serve terms of one year. To the greatest extent possible, the initial staggered terms

shall be equitably divided among the councils so as to protect against sudden changes in

membership and reversal of policy. Thereafter, all members appointed pursuant to this section shall

serve terms of three (3) years. At the expiration of their terms, members shall remain and continue

in their official capacity until their successor is appointed and qualified. Members shall not be

appointed to more than three (3), successive three-year (3) terms each; provided that the chair of

the board shall have no term and shall serve at the pleasure of the governor. Any vacancy among

the members of the board shall be filled by appointment of the governor for the remainder of the

unexpired term. In the selection and appointment of the board, the governor shall seek persons who

best serve the needs of the entire state. No person shall be eligible for appointment to the board

after the effective date of this act unless a resident of this state. Members of the board shall not be

compensated for their service in attending board or council meetings.

chair of the Rhode Island Commerce Corporation commerce corporation, or designee,; and the

chair of the University university of Rhode Island board of trustees, or designee, shall serve as

non-voting, ex-officio members of the board.

(d) The governor shall select from the appointed members a chairperson and vice

chairperson. A quorum shall consist of nine (9) members of the board. A majority vote of those

present shall be required for action.

(e) Except as provided by subsection (b) of this section, members of the board shall be

removable by the governor for cause only. Removal solely for partisan or personal reasons

unrelated to performance, capacity, or fitness for the office shall be unlawful.

(f) The statutory responsibilities of the department of elementary and secondary education,

the commissioner of elementary and secondary education, and the commissioner of postsecondary

education shall remain unchanged.

(g) The chair of the board of education shall consult with the chairs of the council on

elementary and secondary education, the council on postsecondary education, the commissioner of

elementary and secondary education, and the commissioner of postsecondary education in

developing agendas, goals, policies, and strategic plans for the board.

16-97-7. Tuition waivers -- Disclosure as a prerequisite to receipt.

Notwithstanding any other provision of law, no employee of the state board of education,

or the board of trustees for the University university of Rhode Island, his or her spouse, domestic

partner or dependent, shall receive a tuition waiver as a result of employment status with the state

board of education, or the board of trustees for the University university of Rhode Island without

first consenting to the public disclosure of the existence and amount of the waiver. This section

shall apply to any tuition waivers, including, but not limited to, any such waiver at the Community

College community college of Rhode Island, Rhode Island College college, and/or the University

university of Rhode Island.

SECTION 9. Section 16-101-1 of the General Laws in Chapter 16-101 entitled "Academic

Credit For Military Service" is hereby amended to read as follows:

16-101-1. Academic credit for military service.

(a) State public higher education institutions in the state shall honor the military training,

experience, correspondence courses, and occupations of an individual who has served in the

military or armed forces of the United States by allowing academic credits that meet the standards

of the American Council on Education or equivalent standards for awarding academic credit, if the

award of the educational credit is based upon the institution's admission standards and its role,

scope, and mission. The board of education shall adopt policies or regulations requiring each

institution to award educational credits to a student enrolled in the institution, based upon the

student's military training or service when academically appropriate.

(b) The board of trustees for the University university of Rhode Island, in consultation

with the president and the faculty senate, shall adopt policies or regulations requiring the award of

educational credits to a student enrolled at the university, based upon the student's military training

or service when academically appropriate.

SECTION 10. Sections 16-106-4 and 16-106-6 of the General Laws in Chapter 16-106

entitled "The Performance Incentive Funding Act of 2016" are hereby amended to read as follows:

16-106-4. Performance incentive funding -- Rhode Island College and University of

Rhode Island. Performance incentive funding -- Rhode Island College.

(a) Beginning in FY 2018, funding for Rhode Island College college ("RIC") and the

University of Rhode Island ("URI") shall include a performance-based component utilizing all

additional allocations of otherwise unrestricted, higher-education general revenue greater than the

base amount received pursuant to the FY 2016 budget as enacted, of total unrestricted state higher-

education funding.

(b) Data on which to base performance measures as described in subsection (c) shall be

defined by the commissioner of postsecondary education, in consultation with the council on

postsecondary education. Measures shall begin to be collected in FY 2017.

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

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

based measures.

measures consistent with each institution's its purpose, role, scope, and mission. The performance-

based measures shall include the following metrics:

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

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

years, including summer graduates;

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

employment opportunities consistent with the institution's mission;

(3) One measure that applies only to RIC, as agreed to by the commissioner of

postsecondary education and the president of RIC, who shall consider faculty, staff, and student

input; and one measure that applies only to URI, as agreed to by the commissioner of postsecondary

education and the president of URI, who shall consider faculty, staff and student input; and

(4) Any other measures that are deemed appropriate by the council of on postsecondary

education.

(d) Weight may be assigned to any of the aforementioned metrics to either or both of the

institutions to reinforce the missions mission of RIC and URI, respectively, the economic needs of

the state, and the socio-economic status of the students. The commissioner may consider the

institutions' institution's improvements in said metrics when determining whether it has satisfied

the annual measure despite not reaching the overall goal.

(e) The commissioner shall provide faculty and students an opportunity to provide input

on the development of performance measures.

16-106-6. Accountability -- Authority to revise and transparency.

(a) The commissioner of postsecondary education shall monitor, publish, and report to the

council on postsecondary education the level of performance on all metrics identified in accordance

with this chapter for the Community College community college of Rhode Island, and Rhode

Island College college, and the University of Rhode Island.

(b) The commissioner of postsecondary education, in consultation with the council of on

postsecondary education, shall revise the metrics at a time when performance has reached a pre-

defined level. Future metrics shall further goals identified by the board of education and the

governor's workforce board, and the applicable purpose and mission of the institution of higher

education to which they apply.

associated metrics prescribed in this chapter on its website.

SECTION 11. Section 35-4-23.1 of the General Laws in Chapter 35-4 entitled "State

Funds" is hereby amended to read as follows:

35-4-23.1. Indirect cost recoveries by state agencies.

All state agencies shall apply for recovery of indirect costs when recovery is permissible

under federal statute and grant regulations. All funds received for indirect costs recovery shall be

turned over to the general treasurer and shall be placed in a restricted account in each agency for

the specific purposes designated through the annual budget process. The agency shall, through the

annual budget process, report to the general assembly the estimated amount of federal indirect cost

recoveries for the next fiscal year, together with the intended use of the funds. Nothing contained

in this section, however, shall conflict with the powers and duties granted the board of governors

for higher education council on postsecondary education and the board of regents for the council

on elementary and secondary education in chapters 59 and 60 of title 16, and the board of trustees

for the University university of Rhode Island as provided in chapter 32 of title 16.

SECTION 12. Section 37-2-7 of the General Laws in Chapter 37-2 entitled "State

Purchases" is hereby amended to read as follows:

37-2-7. Definitions.

The words defined in this section have the meanings set forth below whenever they appear

in this chapter, unless the context in which they are used clearly requires a different meaning or a

different definition is prescribed for a particular section, group of sections, or provision:

(1) "Business" means any corporation, partnership, individual, sole proprietorship, joint

stock company, joint venture, or any other legal entity through which business is conducted.

(2) "Change order" means a written authorization signed by the purchasing agent directing

or allowing the contractor to proceed with changes, alterations, or modifications to the terms,

conditions, or scope of work on a previously awarded contract.

(3) "Chief purchasing officer" shall mean: (i) for For a state agency, the director of the

department of administration, and (ii) for For a public agency, the executive director or the chief

operational officer of the agency.

(4) "Construction" means the process of building, altering, repairing, improving, or

demolishing any public structures or building, or other public improvements of any kind to any

public real property. It does not include the routine maintenance or repair of existing structures,

buildings, or real property performed by salaried employees of the state of Rhode Island in the

usual course of their jobs.

(5) "Contract" means all types of agreements, including grants and orders, for the purchase

or disposal of supplies, services, construction, or any other item. It includes awards; contracts of a

fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of

job or task orders; leases; letter contracts; purchase orders; and construction management contracts.

It also includes supplemental agreements with respect to any of the foregoing. "Contract" does not

include labor contracts with employees of state agencies.

(6) "Contract amendment" means any written alteration in the specifications, delivery

point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing

contract, whether accomplished by unilateral action in accordance with a contract provision, or by

mutual action of the parties to the contract. It includes bilateral actions, such as supplemental

agreements, and unilateral actions, such as change orders, administrative changes, notices of

termination, and notices of the exercise of a contract option.

(7) "Contractor" means any person having a contract with a governmental body.

(8) "Data" means recorded information, regardless of form or characteristic.

(9) "Designee" means a duly authorized representative of a person holding a superior

position.

(10) "Employee" means an individual drawing a salary from a state governmental entity.

(11) "State governmental entity" means any entity created as a legislative body or a public

or state agency by the general assembly or constitution of this state, except for municipal, regional,

or county governmental entities.

(12) "May" means permissive.

(13) "Negotiation" means contracting by either the method set forth in §§ 37-2-19, 37-2-

20, or 37-2-21.

(14) "Person" means any business, individual, organization, or group of individuals.

(15) "Procurement" means the purchasing, buying, renting, leasing, or otherwise obtaining

of any supplies, services, or construction. It also includes all functions that pertain to the obtaining

of any supply, service, or construction item, including a description of requirements, selection and

solicitation of sources, preparation, and award of contract, and all phases of contract administration.

(16) "Public agency" shall mean the Rhode Island industrial recreational building authority,

the Rhode Island commerce corporation, the Rhode Island industrial facilities corporation, the

Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance

corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit

authority, the Rhode Island student loan authority, the Howard development corporation, the water

resources board corporate, the Rhode Island health and education building corporation, the Rhode

Island turnpike and bridge authority, the Blackstone Valley district commission, the Narragansett

Bay water quality management district commission, the Rhode Island telecommunications

authority, the convention center authority, the Channel 36 foundation, the Rhode Island lottery

commission their successors and assigns, any other body corporate and politic which has been or

will be created or established within this state excepting cities and towns, the University university

of Rhode Island board of trustees for all purchases which that are funded by restricted, sponsored,

or auxiliary monies, and the council on postsecondary education for all purchases which that are

funded by restricted, sponsored, or auxiliary monies.

(17) "Purchase request" or "purchase requisition" means that document whereby a using

agency requests that a contract be entered into to obtain goods and/or services for a specified need,

and may include, but is not limited to, the technical description of the requested item, delivery

requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation

of suggested sources of supply, and information supplied for the making of any written

determination and finding required by § 37-2-6.

(18) "Purchasing agency" means any state governmental entity which is authorized by this

chapter, its implementing regulations, or by way of delegation from the chief purchasing officer to

contract on its own behalf rather than through the central contracting authority of the chief

purchasing officer.

(19) "Purchasing agent" means any person authorized by a governmental entity in

accordance with procedures prescribed by regulations, to enter into and administer contracts and

make written determinations and findings with respect to contracts. The term also includes an

authorized representative acting within the limits of authority. "Purchasing agent" also means the

person appointed in accordance with § 37-2-1.

(20) "Services" means the rendering, by a contractor, of its time and effort rather than the

furnishing of a specific end product, other than reports which that are merely incidental to the

required performance of services. "Services" does not include labor contracts with employees of

state agencies.

(21) "Shall" means imperative.

(22) "State" means the state of Rhode Island and any of its departments or agencies and

public agencies.

(23) "Supplemental agreement" means any contract modification which is accomplished

by the mutual action of the parties.

(24) "Supplies" means all property, including, but not limited to, leases of real property,

printing, and insurance, except land or permanent interest in land.

(25) "Using agency" means any state governmental entity which utilizes any supplies,

services, or construction purchased under this chapter.

(26) As used in § 37-2-59, "architect" or "engineer" services means those professional

services within the scope of practice of architecture, professional engineering, or registered land

surveying pertaining to construction, as defined by the laws of this state. "Consultant" means any

person with whom the state and/or a public agency has a contract which contract provides for the

person to give direction or information as regards a particular area of knowledge in which the

person is a specialist and/or has expertise.

(27) For purposes of §§ 37-2-62 -- 37-2-70, "directors" means those members of a public

agency appointed pursuant to a statute who comprise the governing authority of the board,

commission, authority, and/or corporation.

(28) "State agency" means any department, commission, council, board, bureau,

committee, institution, or other governmental entity of the executive or judicial branch of this state

not otherwise established as a body corporate and politic, and includes, without limitation, the

council on postsecondary education except for purchases which are funded by restricted, sponsored,

or auxiliary moneys, the University university of Rhode Island board of trustees for all purchases

which are funded by restricted, sponsored, or auxiliary monies, and the council on elementary and

secondary education.

(29) "Governmental entity" means any department, commission, council, board, bureau,

committee, institution, legislative body, agency, or government corporation of the executive,

legislative, or judicial branches of state, federal, and/or local governments.

(30) "Construction management at-risk" or "construction management at-risk services" or

"construction management at-risk delivery method" is a construction method wherein a

construction manager at-risk provides a range of preconstruction services and construction

management services which may include cost estimation and consultation regarding the design of

the building project, the preparation and coordination of bid packages, scheduling, cost control, and

value engineering, acting as the general contractor during the construction, detailing the trade

contractor scope of work, holding the trade contracts and other contracts, evaluating trade

contractors and subcontractors, and providing management and construction services, all at a

guaranteed maximum price, which shall represent the maximum amount to be paid by the using

agency for the building project, including the cost of work, the general conditions, and the fee

payable to the construction management at-risk firm.

(31) "Construction manager at-risk" or "construction management at-risk firm" is a person

or business experienced in construction that has the ability to evaluate and to implement drawings

and specifications as they affect time, cost and quality of construction and the ability to coordinate

and deliver the construction of the project within a guaranteed maximum price, which shall

represent the maximum amount to be paid by the using agency for the building project, including

the cost of the work, the general conditions, and the fee payable to the construction management

at-risk firm. The construction manager at-risk provides consultation services during the

preconstruction and construction phases of the project. The project engineer, architect, or owner's

program manager may not serve as the construction manager at-risk.

(32) "Owner's program manager" shall be an entity engaged to provide project management

services on behalf of a state agency for the construction and supervision of the construction of a

building project. The owner's program manager acts as the owner's agent in all aspects of the

construction project, including, but not limited to, architectural programming, planning, design,

construction, and the selection and procurement of an appropriate construction delivery method.

The owner's program manager shall have at least seven (7) years experience in the construction and

supervision of construction of buildings of similar size and complexity. The owner's program

manager shall not have been employed during the preceding year by the design firm, the

construction firm, and/or the subcontractors associated with the project.

SECTION 13. Section 16-56-6 of the General Laws in Chapter 16-56 entitled

"Postsecondary Student Financial Assistance" is hereby amended to read as follows:

16-56-6. Need-based grants.

(a) Amount of funds allocated. The commissioner of postsecondary education shall allocate

annually the appropriation for need-based scholarships and grants. Of the total amount appropriated

for need-based scholarship and grants, the lesser of twenty percent (20%) or two million dollars

($2,000,000) one million five hundred thousand dollars ($1,500,000) shall be distributed to

qualified students attending participating, independent, non-profit, higher education institutions in

Rhode Island. The remainder of funds shall be limited to public higher education institutions in

Rhode Island including payments made pursuant to § 16-100-3(c). As part of the annual budget

submission, the office of postsecondary commissioner shall include a plan of how the need-based

scholarship and grant funds will be allocated to each public institution receiving funds pursuant to

this chapter and how the funds will be distributed to students attending independent, non-profit

institutions.

(b) Eligibility of individuals. Eligibility for need-based grants and scholarships shall be

determined by the office of the postsecondary commissioner.

year shall be contingent upon the funds allocated to this section.

SECTION 14. Section 16-105-7 of the General Laws in Chapter 16-105 entitled "School

Building Authority" is hereby amended to read as follows:

16-105-7. Expenses incurred by the school building authority.

In order to provide for one-time or limited expenses of the school building authority under

this chapter, the Rhode Island health and educational building corporation shall provide funding

from the school building authority capital fund, fees generated from the origination of municipal

bonds and other financing vehicles used for school construction, and its own reserves. The school

building authority shall, by October 1 of each year, report to the governor and the chairs of the

senate and house finance committees, the senate fiscal advisor, and the house fiscal advisor the

amount sought for expenses for the next fiscal year.

There is also hereby established a restricted-receipt account within the budget of the

department of elementary and secondary education entitled "school construction services,", to be

financed by the Rhode Island health and educational building corporation's sub-allotments of fees

generated from the origination of municipal bonds and other financing vehicles used for school

construction and its own reserves. Effective July 1, 2018, this account shall be utilized for the

express purpose of supporting personnel expenditures directly related to the administration of the

school construction aid program. Expenditure of all restricted receipts accepted by the department

shall be subject to the annual appropriation process and approval by the general assembly.

SECTION 15. Section 45-38.2-3 of the General Laws in Chapter 45-38.2 entitled "School

Building Authority Capital Fund" is hereby amended to read as follows:

45-38.2-3. Administration.

(a) The corporation shall have all the powers necessary or incidental to carry out and

effectuate the purposes and provisions of this chapter including:

(1) To receive and disburse such funds from the state as may be available for the purpose

of the fund subject to the provisions of this chapter;

(2) To make and enter into binding commitments to provide financial assistance to cities,

towns, and local education agencies from amounts on deposit in the fund;

(3) To enter into binding commitments to provide subsidy assistance for loans and city,

town, and local education agency obligations from amounts on deposit in the fund;

(4) To levy administrative fees on cities, towns, and local education agencies as necessary

to effectuate the provisions of this chapter; provided that the fee total amount of all such fees does

not exceed one tenth of one percent (0.001) of the original principal amount;

(5) To engage the services of third-party vendors to provide professional services;

(6) To establish one or more accounts within the fund; and

(7) Such other authority as granted to the corporation under chapter 38.1 of this title.

(b) Subject to the provisions of this chapter, and to any agreements with the holders of any

bonds of the corporation or any trustee therefor, amounts held by the corporation for the account

of the fund shall be applied by the corporation, either by direct expenditure, disbursement, or

transfer to one or more other funds and accounts held by the corporation or a trustee under a trust

agreement or trust indenture entered into by the corporation with respect to bonds or notes issued

by the corporation under this chapter or by a holder of bonds or notes issued by the corporation

under this chapter, either alone or with other funds of the corporation, to the following purposes:

(1) To provide financial assistance to cities, towns, and local education agencies to finance

costs of approved projects, and to refinance the costs of the projects, subject to such terms and

conditions, if any, as are determined by the department and/or the corporation;

(2) To fund reserves for bonds of the corporation and to purchase insurance and pay the

premiums therefor, and pay fees and expenses of letters or lines of credit and costs of

reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to

otherwise provide security for, and a source of payment for obligations of the corporation, by

pledge, lien, assignment, or otherwise as provided in chapter 38.1 of this title;

(3) To pay or provide for subsidy assistance as determined by the school building authority;

(4) To provide a reserve for, or to otherwise secure, amounts payable by cities, towns, and

local education agencies on loans and city, town, and local education agency obligations

outstanding in the event of default thereof; amounts in any account in the fund may be applied to

defaults on loans outstanding to the city, town, or local education agency for which the account

was established and, on a parity basis with all other accounts, to defaults on any loans or city, town,

or local education agency obligations outstanding; and

(5) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or

otherwise as provided in chapter 38.1 of this title, any bonds or notes of the corporation issued

under this chapter.

be in accordance with its eligibility for state aid for school housing as set forth in §§ 16-7-39, 16-

77.1-5, and 16-105-3(19).

(d) In addition to other remedies of the corporation under any loan or financing agreement

or otherwise provided by law, the corporation may also recover from a city, town, or local education

agency, in an action in superior court, any amount due the corporation together with any other

actual damages the corporation shall have sustained from the failure or refusal of the city, town, or

local education agency to make the payments or abide by the terms of the loan or financing

agreement.

SECTION 16. Sections 2 through 12 shall take effect upon on February 1, 2020. The

remaining sections of this article shall take effect upon passage.