Chapter 352
2022 -- H 8123
Enacted 06/29/2022

A N   A C T
RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND (SEE TITLE 16 CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

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

Date Introduced: April 08, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Section 16-32-2 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]" is hereby
amended to read as follows:
     16-32-2. Board of Trustees established.
     (a) There is hereby created a board of trustees for the 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
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 of Rhode Island formerly belonging to the council on postsecondary
education pertaining to postsecondary education and the board of governors for higher education.
     (c) The board shall be the employer of record for the university. It shall retain all authority
formerly vested in the council on postsecondary education and the board of education regarding
the employment of faculty and staff at the 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).
     (1) Notwithstanding the provisions of § 37-2-22, small procurements made by the board
and the university shall not exceed an aggregate amount of fifty thousand dollars ($50,000) for
construction and ten thousand dollars ($10,000) for all other purchases, regardless of the source of
funding, and shall be made in accordance with small purchase regulations promulgated by the
board. These thresholds may be increased annually through an amendment to the small purchase
regulations promulgated by the board of trustees, to reflect the annual increase in the federal
Consumer Price Index published by the United States Department of Labor from the date of any
prior adjustment.
     (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 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 of Rhode Island and Rhode Island
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 chapter 7.1 of title 35.
     SECTION 2. This act shall take effect upon passage.
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LC004577
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