2019 -- S 0942

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LC002732

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO THE GOVERNANCE OF THE UNIVERSITY OF RHODE ISLAND

     Introduced By: Senator V. Susan Sosnowski

     Date Introduced: May 30, 2019

     Referred To: Senate Education

     (The University of Rhode Island)

It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings and intent. The general assembly hereby finds and

declares that:

     (1) The 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 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 of Rhode Island would benefit from having a Board of Trustees

entirely committed to exploring opportunities, addressing challenges, and creating new economic

opportunities and partnerships for the university.

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

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

University of Rhode Island.

     SECTION 2. 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 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, 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 custody of the council on postsecondary education

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

branches.

     (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 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 public higher education institutions. The

board shall appoint the president of the university and shall review their performance on an

annual basis.

     (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

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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 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.

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

     In addition to any powers granted to the president of the 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

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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.

     (c) To be responsible for the general management of property of the university.

     (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) 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) 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

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.

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     (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.

     (c) All housing, dining, and other auxiliary facilities at the university 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.

     (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.

     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

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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 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 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 of

Rhode Island 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 for higher education may determine.

The board of governors 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 of Rhode Island

Foundation, for the annual income of the fund, or so much of this amount as may be necessary, to

carry out this objective.

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     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 of Rhode Island 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 3. 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 of Rhode Island 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 of Rhode

Island.

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

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

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scientific purposes of the 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 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 and of the state of Rhode Island;

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

provide for the advancement of education and educational programs at the 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 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 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.

     (c) The research foundation and its corporate existence shall continue until terminated by

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 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 4. 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.

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     (a) There is hereby established a board of trustees for the 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 addition, the president of the 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. 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; 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 six (6)

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 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. The remaining eleven (11) 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.

     (c) A majority of the board shall elect the chair of the board on an annual basis from

among the seventeen (17) 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.

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     (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 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 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,

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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 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 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.

     (c) No position presently in the classified service of the state subject to the merit system

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.

     (c) Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the

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

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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

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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.

     SECTION 5. Sections 16-59-1, 16-59-6, 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, 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.

     (c) The council shall be the employer of record for higher education Rhode Island

College and the 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 and the

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

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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 shall have authority pursuant to this chapter

of the University of Rhode Island until the board of trustees of the University of Rhode Island has

been established pursuant to § 16-32-2.2 and all members have been duly appointed and

confirmed.

     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

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provided in subdivision (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

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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.

     16-59-13. 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, and

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 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 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 to be appointed by the board of governors for higher 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

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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.

     (c) No position presently in the classified service of the state subject to the merit system

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.

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     (b) Definitions. The following words and phrases used in § 16-59-26 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, or as it pertains to the University of Rhode Island or 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.

     (c) Policy.

     (1) The Rhode Island board of governors for higher education, or as it pertains to the

University of Rhode Island or 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, § 36-14-1, and in this section.

     (2) The Rhode Island board of governors for higher education, or as it pertains to the

University of Rhode Island or 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, § 36-14-1, and in this section.

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

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

University of Rhode Island or the board of trustees, and maintained as a public record at the

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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, or as it pertains to the University of

Rhode Island or 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 for higher education, or as

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

     (f) Annual reporting. The board of governors for higher education, or as it pertains to the

University of Rhode Island or 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, or as it

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pertains to the University of Rhode Island or 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, 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 reason for its concern. Upon receipt of such notice from the ethics commission, the

board of governors for higher education, or as it pertains to the University of Rhode Island or 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 6. 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.

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     (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 7. Section 16-97-7 of the General Laws in Chapter 16-97 entitled "The Rhode

Island Board of Education Act" is hereby amended to read as follows:

     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 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 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 of

Rhode Island, Rhode Island College, and/or the University of Rhode Island.

     SECTION 8. 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 of Rhode Island, in consultation with the

president and the faculty senate, shall adopt policies or regulations requiring each institution to

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

training or service when academically appropriate.

     SECTION 9. 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 ("RIC") and the University

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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.

     (c) Rhode Island College and the University of Rhode Island shall each have unique

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 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

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the council on postsecondary education the level of performance on all metrics identified in

accordance with this chapter for the Community College of Rhode Island, and Rhode Island

College, and the University of Rhode Island.

     (b) The commissioner of postsecondary education, in consultation with the council of

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.

     (c) Each public higher-education institution shall publish its performance on all of its

associated metrics prescribed in this chapter on its website.

     SECTION 10. 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 and the board of regents for elementary and secondary education

in chapters 59 and 60 of title 16, and the board of trustees for the University of Rhode Island as

provided in chapter 32 of title 16.

     SECTION 11. 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

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terms, conditions, or scope of work on a previously awarded contract

     (3) "Chief purchasing officer" shall mean: (i) for a state agency, the director of the

department of administration, and (ii) 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

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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 of Rhode Island board of trustees for all purchases which are funded by

restricted, sponsored, or auxiliary monies, and the council on postsecondary education for all

purchases which 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

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furnishing of a specific end product, other than reports which 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 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

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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 12. This act shall take effect on February 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE GOVERNANCE OF THE UNIVERSITY OF RHODE ISLAND

***

     This act would: (1) Establish a board of trustees for the University of Rhode Island and

establish its powers and duties; (2) Establish provisions of the transfer of URI research foundation

authority to the board of governors for higher education if the research foundation were

dissolved; (3) Remove authority of the council on postsecondary education over URI; (4) Repeal

the bachelor's degree in three program; (5) Require disclosure of tuition waivers; (6) Require the

board of trustees to set rules for the awarding of credits to students at URI based on military

training; (7) Authorize the board of trustees to retain direct costs instead of being reverted to a

restricted receipt account; and (8) Add the board of trustees to the definitions of public agency

and state agency for state purchasing matters.

     This act would take effect on February 1, 2020.

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