2018 -- S 2528

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LC005046

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS

     Introduced By: Senator Joshua Miller

     Date Introduced: March 01, 2018

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 37-2 of the General Laws entitled "State Purchases" is hereby

amended by adding thereto the following section:

     37-2-4.1. Applicability to enterprise fund entities.

     (a) Providing enterprise fund entities with the flexibility needed to serve their customers

and patrons. The chief purchasing officer, as appointed pursuant to § 37-2-1, may, upon the

request of the responsible official of an institution of postsecondary education, issue an

administrative determination waiving the application of provisions of this chapter, which may

include, but are not limited to, §§ 37-2-18, 37-2-18.1, and 37-2-22, that adversely affect the

ability of an enterprise fund entity within the institution to achieve flexibility needed to serve

their customers and strengthen the local, state and regional economy. Such administrative

determinations shall include such provisions requiring open, fair, and impartial processes;

transparency; accountability, and reporting, which the chief purchasing officer finds necessary to

ensure the ongoing integrity of the purchasing processes established by this chapter while at the

same time providing for the accomplishment of the purposes of this section. Such administrative

determinations shall not be unreasonably withheld.

     (b) Existing agreements. Agreements in effect at the time of the enactment of this section

shall not be affected by its enactment; provided, however, that the using agency and the

contractor may agree that a supplemental agreement should be entered into in accordance with the

provisions of this chapter to accomplish the purposes of this section.

     (c) Construction. The provisions of this section shall be liberally construed to accomplish

its purposes.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS

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     This act would grant to enterprise fund entities the flexibility to serve the interests of their

customers and patrons, to facilitate efficient operations, and use their purchasing power to

strengthen the local economy, by allowing for the waiver of certain state purchasing

requirements.

     This act would take effect upon passage.

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