2026 -- S 2683 | |
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LC005870 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND | |
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Introduced By: Senator V. Susan Sosnowski | |
Date Introduced: February 27, 2026 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 16-32-2, 16-32-9, 16-32-27 and 16-32-34 of the General Laws in |
2 | Chapter 16-32 entitled "University of Rhode Island [See Title 16 Chapter 97 — The Rhode Island |
3 | Board of Education Act]" are hereby amended to read as follows: |
4 | 16-32-2. Board of Trustees established. |
5 | (a) There is hereby created a board of trustees for the university of Rhode Island, sometimes |
6 | referred to as the “board” or “board of trustees,” which shall be and is constituted a public |
7 | corporation, empowered to sue and be sued in its own name; to borrow money; to compromise and |
8 | settle claims; to have a seal; and to make and execute contracts and other instruments necessary or |
9 | convenient to the exercise of its powers; and to exercise all the powers, in addition to those |
10 | specifically enumerated in this chapter, usually appertaining to public corporations entrusted with |
11 | control of postsecondary educational institutions and functions. Upon its organization, the board |
12 | shall be vested with the legal title to all property, real and personal, now owned by and/or under |
13 | the control or in the custody of the council on postsecondary education for the use of the university |
14 | of Rhode Island, including all its departments, divisions, and branches, sometimes referred to as |
15 | the property, and as such the provisions of chapter 6 of title 37 ("acquisition of land"), including |
16 | the rules, regulations, and procedures of the committee promulgated thereunder, and the provisions |
17 | of chapter 7 of title 37 ("management and disposal of property"), shall not apply to the board or the |
18 | property except for approval of proposed actions to sell the property or to lease the property for a |
19 | period greater than five (5) years. |
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1 | (b) The board is empowered to hold and operate the property in trust for the state; to |
2 | acquire, hold, and dispose of the property and other like property as deemed necessary for the |
3 | execution of its corporate purposes, and the board may, in its discretion, adopt or promulgate its |
4 | own rules and regulations with respect thereto. The board is made successor to all powers, rights, |
5 | duties, and privileges for the university of Rhode Island formerly belonging to the council on |
6 | postsecondary education pertaining to postsecondary education and the board of governors for |
7 | higher education. |
8 | (c) The board shall be the employer of record for the university. It shall retain all authority |
9 | formerly vested in the council on postsecondary education and the board of education regarding |
10 | the employment of faculty and staff at the university of Rhode Island. The board shall appoint the |
11 | president of the university and shall review their performance on an annual basis. |
12 | (1) The board is empowered to enter into contracts and agreements with the council on |
13 | postsecondary education and/or the department of administration related to employee benefits, |
14 | including but not limited to retirement benefits, health, dental, vision and life insurance, disability |
15 | insurance, workers’ compensation, and tuition waivers to maximize the state’s and university’s |
16 | purchasing and investment portfolio and educational opportunities for the benefit of its employees. |
17 | (2) The board is empowered to enter into collective bargaining agreements as appropriate |
18 | with its employees and all existing collective bargaining agreements in effect when the board is |
19 | established pursuant to § 16-32-2.2 shall be transferred from the council on postsecondary |
20 | education to the board. |
21 | (d) The board shall make rules and regulations for the control and use of all public |
22 | properties and highways under its care, and for violations of those rules and regulations; penalties, |
23 | up to one hundred dollars ($100) and costs for any one offense, may be imposed by any district |
24 | court or police court in the city or town where the violation occurs; and, in general, the board shall |
25 | take all actions necessary for the proper execution of the powers and duties granted to, and imposed |
26 | upon, the board by the terms of this chapter. |
27 | (e) The board shall make and maintain rules and regulations pursuant to chapter 2 of title |
28 | 37 to implement its responsibilities as a public agency for procurement purposes as defined in § |
29 | 37-2-7(16). The university’s vice president of administration and finance is designated the chief |
30 | purchasing officer for the university. |
31 | (1) Notwithstanding the provisions of § 37-2-22, small procurements made by the board |
32 | and the university shall not exceed an aggregate amount of fifty thousand dollars ($50,000) for |
33 | construction and ten thousand dollars ($10,000) for all other purchases, regardless of the source of |
34 | funding, and shall be made in accordance with small purchase regulations promulgated by the |
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1 | board. These thresholds may be increased annually through an amendment to the small purchase |
2 | regulations promulgated by the board of trustees, to reflect the annual increase in the federal |
3 | Consumer Price Index published by the United States Department of Labor from the date of any |
4 | prior adjustment any rule, regulation, or provision of the public laws or general laws to the contrary, |
5 | and except for procurements directly related to projects funded by the State of Rhode Island general |
6 | obligation bonds, the board and the university shall not be required to comply with chapter 2 of |
7 | title 37 ("state purchases"); and, in general, the board and the university shall contract on their own |
8 | behalf and pursuant to the rules and regulations promulgated by the board as described in this |
9 | subsection (e) of this section for all other purchases. |
10 | (f) The board shall evaluate data on which to base performance of the university as |
11 | described in subsection (g) of this section which shall be defined by the president of the university. |
12 | These measures may include and incorporate outcomes or goals from multiple, previous years. The |
13 | lack of information from previous years, however, will not affect the use of performance-based |
14 | measures. |
15 | (g) The university of Rhode Island shall have unique measures consistent with its purpose, |
16 | role, scope, and mission. The board shall provide faculty and students an opportunity to provide |
17 | input on the development of performance measures. |
18 | (1) The performance-based measures shall include, but not be limited to, the following |
19 | metrics: |
20 | (i) The number and percentage, including growth in relation to enrollment and prior years |
21 | of bachelor’s degrees awarded to first-time, full-time students within four (4) years and six (6) |
22 | years, including summer graduates; |
23 | (ii) The number of degrees awarded that are tied to Rhode Island’s high demand, high- |
24 | wage employment opportunities consistent with the institution’s mission; |
25 | (iii) One metric that applies only to the university, in consultation with the president, which |
26 | shall consider faculty, staff, and student input; and |
27 | (iv) Any other metrics that are deemed appropriate by the board. |
28 | (2) Weight may be assigned to any of the aforementioned metrics to reinforce the mission |
29 | of the university, the economic needs of the state, and the socio-economic status of the students. |
30 | (h) The board shall hold the university accountable for developing and implementing |
31 | transfer pathways for students from the community college of Rhode Island and Rhode Island |
32 | college. |
33 | (i) The board shall adopt a process requiring every academic program at the university to |
34 | accept for credit the advanced placement subject test scores of students who obtain a three (3) or |
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1 | better in any advanced placement course. |
2 | (j) The board shall supervise, coordinate, and/or authorize audits, civil and administrative |
3 | investigations, and inspections or oversight reviews, when necessary, relating to expenditure of |
4 | state or federal funds, or to any and all university programs and operations, as well as the |
5 | procurement of any supplies, services, or construction, by the university. In the course of an audit |
6 | or investigation, the board authorized auditor(s) shall review statutes and regulations of the |
7 | university and shall determine if the university is in compliance and shall make recommendations |
8 | concerning the efficiency of operations, and the effect of such statutes or regulations on internal |
9 | controls and the prevention and detection of fraud, waste, and abuse. The board authorized |
10 | auditor(s) may recommend policies or procedures that may strengthen internal controls, or assist in |
11 | the prevention or detection of fraud, waste, and abuse or mismanagement. Any audits conducted |
12 | shall be transmitted to the office of internal audit and program integrity established in chapter 7.1 |
13 | of title 35. |
14 | 16-32-9. Annual appropriations. |
15 | (a) The general assembly shall annually appropriate any sum as it may deem sufficient for |
16 | the purpose of defraying the expenses of the university, the appropriation to be expended under the |
17 | direction of the trustees and officers of the university. The state controller is authorized and directed |
18 | to draw his or her orders upon the general treasurer for the payment of the appropriations or so |
19 | much of the sums that are necessary for the purposes appropriated, upon the receipt by him or her |
20 | of proper vouchers as the board of trustees may by rule provide. The board shall receive, review, |
21 | and adjust the budget for the university and present the budget under the requirements of § 35-3-4. |
22 | (b) Any tuition or fee increase schedules in effect for the university shall be received by |
23 | the board of trustees for allocation for the fiscal year for which state appropriations are made to the |
24 | board by the general assembly; provided that no further increases may be made by the board for |
25 | the year for which appropriations are made. |
26 | (c) All housing, dining, and other auxiliary facilities at the university shall be self- |
27 | supporting and no funds shall be appropriated by the general assembly to pay operating expenses, |
28 | including principal and interest on debt services, and overhead expenses for the facilities. Any debt |
29 | service costs on general obligation bonds presented to the voters in November 2000 and November |
30 | 2004 or appropriated funds from the Rhode Island capital plan fund or the housing auxiliaries at |
31 | the university of Rhode Island shall not be subject to this self-supporting requirement in order to |
32 | provide funds for the building construction and rehabilitation program. |
33 | (d) The additional costs to achieve self-supporting status shall be by the implementation of |
34 | a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, |
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1 | operating expenses, principal, and interest on debt services, and overhead expenses. |
2 | (e) Notwithstanding subsections (a) and (c) of this section or any provisions of this title, to |
3 | the extent necessary to comply with the provisions of any outstanding bonds issued by the Rhode |
4 | Island health and educational building corporation or outstanding lease certificates of participation, |
5 | in either case, issued for the benefit of the university of Rhode Island, the community college of |
6 | Rhode Island, and/or Rhode Island college, to the extent necessary to comply with the provisions |
7 | of any such bonds or certificates of participation, the general assembly shall annually appropriate |
8 | any such sums it deems necessary from educational and general revenues (including, but not limited |
9 | to tuition) and auxiliary enterprise revenues derived from the university of Rhode Island, the |
10 | community college of Rhode Island and Rhode Island college, to be allocated by the council on |
11 | postsecondary education or by the board of trustees, as appropriate, in accordance with the terms |
12 | of the contracts with such bondholders or certificate holders. |
13 | (f) Effective retroactively to July 1, 2025, the University of Rhode Island shall be exempt |
14 | from any limitations imposed on full-time equivalent (FTE) positions. |
15 | 16-32-27. Establishment of landscaping fund. |
16 | All money received pursuant to the provisions of § 16-52-2(b) shall be deemed to be trust |
17 | funds for the benefit of the University of Rhode Island, Rhode Island College, and the Community |
18 | College of Rhode Island to be held by the general treasurer in a separate rotary fund for each |
19 | institution which shall be made available to the presidents of the University of Rhode Island, Rhode |
20 | Island College, or the Community College of Rhode Island to be applied solely for the purpose of |
21 | improving landscaping, safety and security, and/or parking facilities at the respective colleges as |
22 | determined by the presidents of these colleges. |
23 | 16-32-34. Fiscal accounts — Receipts — Petty cash funds. |
24 | (a) The treasurer of the university of Rhode Island, as appointed by the board of trustees, |
25 | shall: |
26 | (1) Keep an accurate account of his or her receipts and expenditures, which shall be audited |
27 | by the state controller; and |
28 | (2) Turn over to the general treasurer at monthly intervals all sums of money received by |
29 | him or her during the preceding month which shall be credited to the proper accounts and funds by |
30 | the general treasurer. |
31 | (b) The state controller shall establish an imprest fund or petty cash fund for the use of the |
32 | treasurer of the university for expenditures of any nature as may be approved by the state controller. |
33 | (c) Nothing contained in this section or chapter shall prohibit the university from |
34 | establishing its own internal audit functions and controls, including to conduct post audits, as |
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1 | consistent with the provisions of §16-32-2(j). |
2 | SECTION 2. Section 37-2-7 of the General Laws in Chapter 37-2 entitled "State |
3 | Purchases" is hereby amended to read as follows: |
4 | 37-2-7. Definitions. |
5 | The words defined in this section have the meanings set forth below whenever they appear |
6 | in this chapter, unless the context in which they are used clearly requires a different meaning or a |
7 | different definition is prescribed for a particular section, group of sections, or provision: |
8 | (1) “Business” means any corporation, partnership, individual, sole proprietorship, joint |
9 | stock company, joint venture, or any other legal entity through which business is conducted. |
10 | (2) “Change order” means a written authorization signed by the purchasing agent directing |
11 | or allowing the contractor to proceed with changes, alterations, or modifications to the terms, |
12 | conditions, or scope of work on a previously awarded contract. |
13 | (3) “Chief purchasing officer” shall mean: (i) For a state agency, the director of the |
14 | department of administration, and (ii) For a public agency, the executive director or the chief |
15 | operational officer of the agency. |
16 | (4) “Construction” means the process of building, altering, repairing, improving, or |
17 | demolishing any public structures or building, or other public improvements of any kind to any |
18 | public real property. It does not include the routine maintenance or repair of existing structures, |
19 | buildings, or real property performed by salaried employees of the state of Rhode Island in the |
20 | usual course of their jobs. |
21 | (5) “Contract” means all types of agreements, including grants and orders, for the purchase |
22 | or disposal of supplies, services, construction, or any other item. It includes awards; contracts of a |
23 | fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of |
24 | job or task orders; leases; letter contracts; purchase orders; and construction management contracts. |
25 | It also includes supplemental agreements with respect to any of the foregoing. “Contract” does not |
26 | include labor contracts with employees of state agencies. |
27 | (6) “Contract amendment” means any written alteration in the specifications, delivery |
28 | point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing |
29 | contract, whether accomplished by unilateral action in accordance with a contract provision, or by |
30 | mutual action of the parties to the contract. It includes bilateral actions, such as supplemental |
31 | agreements, and unilateral actions, such as change orders, administrative changes, notices of |
32 | termination, and notices of the exercise of a contract option. |
33 | (7) “Contractor” means any person having a contract with a governmental body. |
34 | (8) “Data” means recorded information, regardless of form or characteristic. |
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1 | (9) “Designee” means a duly authorized representative of a person holding a superior |
2 | position. |
3 | (10) “Employee” means an individual drawing a salary from a state governmental entity. |
4 | (11) “State governmental entity” means any entity created as a legislative body or a public |
5 | or state agency by the general assembly or constitution of this state, except for municipal, regional, |
6 | or county governmental entities. |
7 | (12) “May” means permissive. |
8 | (13) “Negotiation” means contracting by either the method set forth in § 37-2-19, 37-2-20, |
9 | or 37-2-21. |
10 | (14) “Person” means any business, individual, organization, or group of individuals. |
11 | (15) “Procurement” means the purchasing, buying, renting, leasing, or otherwise obtaining |
12 | of any supplies, services, or construction. It also includes all functions that pertain to the obtaining |
13 | of any supply, service, or construction item, including a description of requirements, selection and |
14 | solicitation of sources, preparation, and award of contract, and all phases of contract administration. |
15 | (16) “Public agency” shall mean the Rhode Island industrial recreational building |
16 | authority, the Rhode Island commerce corporation, the Rhode Island industrial facilities |
17 | corporation, the Rhode Island refunding bond authority, the Rhode Island housing and mortgage |
18 | finance corporation, the Rhode Island resource recovery corporation, the Rhode Island public |
19 | transit authority, the Rhode Island student loan authority, the Howard development corporation, |
20 | the water resources board corporate, the Rhode Island health and education building corporation, |
21 | the Rhode Island turnpike and bridge authority, the Blackstone Valley district commission, the |
22 | Narragansett Bay water quality management district commission, the Rhode Island |
23 | telecommunications authority, the convention center authority, the Channel 36 foundation, the |
24 | Rhode Island lottery commission their successors and assigns, any other body corporate and politic |
25 | which has been or will be created or established within this state excepting cities and towns, the |
26 | university of Rhode Island board of trustees for all purchases that are funded by restricted, |
27 | sponsored, or auxiliary monies, and the council on postsecondary education for all purchases that |
28 | are funded by restricted, sponsored, or auxiliary monies. |
29 | (17) “Purchase request” or “purchase requisition” means that document whereby a using |
30 | agency requests that a contract be entered into to obtain goods and/or services for a specified need, |
31 | and may include, but is not limited to, the technical description of the requested item, delivery |
32 | requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation |
33 | of suggested sources of supply, and information supplied for the making of any written |
34 | determination and finding required by § 37-2-6. |
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1 | (18) “Purchasing agency” means any state governmental entity which is authorized by this |
2 | chapter, its implementing regulations, or by way of delegation from the chief purchasing officer to |
3 | contract on its own behalf rather than through the central contracting authority of the chief |
4 | purchasing officer. |
5 | (19) “Purchasing agent” means any person authorized by a governmental entity in |
6 | accordance with procedures prescribed by regulations, to enter into and administer contracts and |
7 | make written determinations and findings with respect to contracts. The term also includes an |
8 | authorized representative acting within the limits of authority. “Purchasing agent” also means the |
9 | person appointed in accordance with § 37-2-1. |
10 | (20) “Services” means the rendering, by a contractor, of its time and effort rather than the |
11 | furnishing of a specific end product, other than reports that are merely incidental to the required |
12 | performance of services. “Services” does not include labor contracts with employees of state |
13 | agencies. |
14 | (21) “Shall” means imperative. |
15 | (22) “State” means the state of Rhode Island and any of its departments or agencies and |
16 | public agencies. |
17 | (23) “Supplemental agreement” means any contract modification which is accomplished |
18 | by the mutual action of the parties. |
19 | (24) “Supplies” means all property, including, but not limited to, leases of real property, |
20 | printing, and insurance, except land or permanent interest in land. |
21 | (25) “Using agency” means any state governmental entity which utilizes any supplies, |
22 | services, or construction purchased under this chapter. |
23 | (26) As used in § 37-2-59, “architect” or “engineer” services means those professional |
24 | services within the scope of practice of architecture, professional engineering, or registered land |
25 | surveying pertaining to construction, as defined by the laws of this state. “Consultant” means any |
26 | person with whom the state and/or a public agency has a contract which contract provides for the |
27 | person to give direction or information as regards a particular area of knowledge in which the |
28 | person is a specialist and/or has expertise. |
29 | (27) For purposes of §§ 37-2-62 — 37-2-70, “directors” means those members of a public |
30 | agency appointed pursuant to a statute who comprise the governing authority of the board, |
31 | commission, authority, and/or corporation. |
32 | (28) “State agency” means any department, commission, council, board, bureau, |
33 | committee, institution, or other governmental entity of the executive or judicial branch of this state |
34 | not otherwise established as a body corporate and politic, and includes, without limitation, the |
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1 | council on postsecondary education except for purchases which are funded by restricted, sponsored, |
2 | or auxiliary moneys, the university of Rhode Island board of trustees except for all purchases which |
3 | are funded by restricted, sponsored, or auxiliary monies proceeds of general obligation bonds, and |
4 | the council on elementary and secondary education. |
5 | (29) “Governmental entity” means any department, commission, council, board, bureau, |
6 | committee, institution, legislative body, agency, or government corporation of the executive, |
7 | legislative, or judicial branches of state, federal, and/or local governments. |
8 | (30) “Construction management at-risk” or “construction management at-risk services” or |
9 | “construction management at-risk delivery method” is a construction method wherein a |
10 | construction manager at-risk provides a range of preconstruction services and construction |
11 | management services which may include cost estimation and consultation regarding the design of |
12 | the building project, the preparation and coordination of bid packages, scheduling, cost control, and |
13 | value engineering, acting as the general contractor during the construction, detailing the trade |
14 | contractor scope of work, holding the trade contracts and other contracts, evaluating trade |
15 | contractors and subcontractors, and providing management and construction services, all at a |
16 | guaranteed maximum price, which shall represent the maximum amount to be paid by the using |
17 | agency for the building project, including the cost of work, the general conditions, and the fee |
18 | payable to the construction management at-risk firm. |
19 | (31) “Construction manager at-risk” or “construction management at-risk firm” is a person |
20 | or business experienced in construction that has the ability to evaluate and to implement drawings |
21 | and specifications as they affect time, cost and quality of construction and the ability to coordinate |
22 | and deliver the construction of the project within a guaranteed maximum price, which shall |
23 | represent the maximum amount to be paid by the using agency for the building project, including |
24 | the cost of the work, the general conditions, and the fee payable to the construction management |
25 | at-risk firm. The construction manager at-risk provides consultation services during the |
26 | preconstruction and construction phases of the project. The project engineer, architect, or owner’s |
27 | program manager may not serve as the construction manager at-risk. |
28 | (32) “Owner’s program manager” shall be an entity engaged to provide project |
29 | management services on behalf of a state agency for the construction and supervision of the |
30 | construction of a building project. The owner’s program manager acts as the owner’s agent in all |
31 | aspects of the construction project, including, but not limited to, architectural programming, |
32 | planning, design, construction, and the selection and procurement of an appropriate construction |
33 | delivery method. The owner’s program manager shall have at least seven (7) years’ experience in |
34 | the construction and supervision of construction of buildings of similar size and complexity. The |
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1 | owner’s program manager shall not have been employed during the preceding year by the design |
2 | firm, the construction firm, and/or the subcontractors associated with the project. |
3 | SECTION 3. This act shall take effect upon passage. |
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LC005870 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND | |
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1 | This act would enhance and further define the role of the board of trustees of the University |
2 | of Rhode Island. This act would also provide a more efficient procurement process for the |
3 | university. |
4 | This act would take effect upon passage. |
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LC005870 | |
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