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ARTICLE 9 |
RELATING TO EDUCATION
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SECTION 1. Sections 16-7-20 and 16-7-21 of the General Laws in Chapter 16-7 entitled |
"Foundation Level School Support [See Title 16 Chapter 97 - The Rhode Island Board of Education |
Act]" are hereby amended to read as follows: |
16-7-20. Determination of state's share. |
(a) For each community the state's share shall be computed as follows: Let |
R = state share ratio for the community. |
v = adjusted equalized weighted assessed valuation for the community, as defined in |
§ 16-7-21(3). |
V = sum of the values of v for all communities. |
m = average daily membership of pupils in the community as defined in § 16-7-22(3). |
M = total average daily membership of pupils in the state. |
E = approved reimbursable expenditures for the community for the reference year minus |
the excess costs of special education, tuitions, federal and state receipts, and other |
income. |
Then the state share entitlement for the community shall be RE where |
R = 1 - 0.5vM/(Vm) through June 30, 2011, and R = 1 - 0.475 vM/(Vm) beginning on July |
1, 2011 and thereafter. |
Except that in no case shall R be less than zero percent (0%). |
(b) Whenever any funds are appropriated for educational purposes, the funds shall be used |
for educational purposes only and all state funds appropriated for educational purposes must be |
used to supplement any and all money allocated by a city or town for educational purposes and in |
no event shall state funds be used to supplant, directly or indirectly, any money allocated by a city |
or town for educational purposes. The courts of this state shall enforce this section by writ of |
mandamus. |
(c) Notwithstanding the calculations in subsection (a), the hospital school at the Hasbro |
Children's Hospital shall be reimbursed one hundred percent (100%) of all expenditures approved |
by the board of regents for elementary and secondaryeducation council on elementary and |
secondary education in accordance with currently existing rules and regulations for administering |
state aid, and subject to annual appropriations by the general assembly including, but not limited |
to, expenditures for educational personnel, supplies, and materials in the prior fiscal year. |
(d) In the event the computation of the state's share for any local education agency as |
outlined in subsection (a) is determined to have been calculated incorrectly after the state budget |
for that fiscal year has been enacted, the commissioner of elementary of and secondary education |
shall notify affected local education agencies, the senate president, and the speaker of the house |
within fifteen (15) days of the determination. |
(e) Realignment of aid payments to the affected local education agencies pursuant to |
subsection (d) shall occur in the following fiscal year: |
(1) If the determination shows aid is underpaid to the local education agency, any amounts |
owed shall be paid in equal monthly installments. |
(2) If the determination shows aid was overpaid, the department of elementary and |
secondary education shall recapture some amount of the aid from the overpaid local education |
agency. The amount to be withheld shall be equal to the amount of the overpayment prorated to the |
number of full months remaining in the fiscal year when the notification required in subsection (d) |
was made. |
16-7-21. Determination and adjustment of equalized weighted assessed valuation. |
On or before August 1 of each year the division of property valuation within the department |
of revenue shall determine and certify to the commissioner of elementary and secondary education |
the equalized weighted assessed valuation for each city and town in the following manner: |
(1) The total assessed valuations of real and tangible personal property for each city and |
town as of December 31 of the third preceding calendar year shall be weighted by bringing the |
valuation to the true and market value of real and tangible personal property. The total assessed |
valuations of real and tangible personal property for all cities and towns shall be applied to the true |
and market valuations of the property for all cities and towns and the resulting percentage shall |
determine the average throughout the state. This percentage applied to the sum of the total true and |
market value of real and tangible personal property of each city and town shall be the equalized |
weighted assessed valuation of each city and town. |
(2) The equalized weighted assessed valuation for each city and town shall be allocated to |
the particular city or town, and in the case of a regional school district which that does not service |
all grades, except the Chariho regional high school district, the commissioner of elementary and |
secondary education shall apportion that proportion of the equalized weighted assessed valuation |
of the member cities or towns which that the average daily membership serviced by the regional |
school district bears to the total average daily membership, and the equalized weighted assessed |
valuation of the member cities and towns shall be appropriately reduced. |
(3) The equalized weighted assessed valuation for each community as allocated or |
apportioned in accordance with subdivision subsection (2) of this section shall be adjusted by the |
ratio which that the median family income of a city or town bears to the statewide median family |
income as reported in the latest available federal census data. The total state adjusted equalized |
weighted assessed valuation shall be the same as the total state equalized weighted assessed |
valuation. |
(4) In the event that certified data is later determined to be incorrect, the division of |
property valuation, in conjunction with the commissioner of elementary and secondary education, |
shall inform local education agencies, the senate president, and the speaker of the house of the |
issue(s) within five (5) days of the determination. |
SECTION 2. Legislative findings and intent. The general assembly hereby finds and |
declares that: |
(1) The University university of Rhode Island has become a public research university |
educating more than eighteen thousand (18,000) students annually, and offering opportunities to |
study in more than ninety (90) bachelor’s degree, more than seventy (70) graduate degree, and more |
than twenty (20) certificate and non-degree programs.; |
(2) The aspirations of high school graduates and their families require the continuous |
innovation and transformation of the university and its academic programs.; |
(3) The shrinking and shifting demographics of high school graduates in the region coupled |
with the increased competitiveness of the higher education marketplace requires the university to |
be strategic, nimble, and innovative in its recruitment, financial aid, and academic offerings in order |
to be successful.; |
(4) The University university of Rhode Island’s peer institutions and aspirational |
competitor institutions have governing bodies solely dedicated to the success of their mission and |
focus on these higher education trends and best practices for their public research university,; and |
(5) The University university of Rhode Island would benefit from having a Board of |
Trustees board of trustees entirely committed to exploring opportunities, addressing challenges, |
and creating new economic opportunities and partnerships for the university.; and |
(6) The general assembly finds that the establishment of a University university of Rhode |
Island board of trustees is necessary to effectuate these goals for the governance and support of the |
University university of Rhode Island. |
SECTION 3. Sections 16-32-2, 16-32-2.1, 16-32-5, 16-32-9, 16-32-10, 16-32-11, 16-32- |
12, 16-32-15, 16-32-25 and 16-32-26 of the General Laws in Chapter 16-32 entitled "University of |
Rhode Island [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" are hereby |
amended to read as follows: |
16-32-2. Continuation of powers of board. Board of Trustees established. |
The change in name shall in no way affect the powers and duties of the board of governors |
for higher education defined in chapter 59 of this title; and the board of governors for higher |
education shall be responsible for the control, management, and operation of the University of |
Rhode Island in the same manner as previously it was responsible for the control, management, and |
operation of it under the name of Rhode Island State College. |
(a) There is hereby created a board of trustees for the University university of Rhode |
Island, sometimes referred to as the "board" or "board of trustees", which shall be and is constituted |
a public corporation, empowered to sue and be sued in its own name,; to borrow money,; to |
compromise and settle claims,; to have a seal,; and to make and execute contracts and other |
instruments necessary or convenient to the exercise of its powers,; and to exercise all the powers, |
in addition to those specifically enumerated in this chapter, usually appertaining to public |
corporations entrusted with control of postsecondary educational institutions and functions. Upon |
its organization, the board shall be vested with the legal title to all property, real and personal, now |
owned by and/or under the control or in the custody of the council on postsecondary education for |
the use of the University university of Rhode Island, including all its departments, divisions, and |
branches, sometimes referred to as the property. |
(b) The board is empowered to hold and operate the property in trust for the state; to |
acquire, hold, and dispose of the property and other like property as deemed necessary for the |
execution of its corporate purposes. The board is made successor to all powers, rights, duties, and |
privileges for the University university of Rhode Island formerly belonging to the council on |
postsecondary education pertaining to postsecondary education and the board of governors for |
higher education. |
(c) The board shall be the employer of record for the university. It shall retain all authority |
formerly vested in the council on postsecondary education and the board of education regarding |
the employment of faculty and staff at the University university of Rhode Island. The board shall |
appoint the president of the university and shall review their performance on an annual basis. |
(1) The board is empowered to enter into contracts and agreements with the council on |
postsecondary education and/or the department of administration related to employee benefits, |
including but not limited to retirement benefits, health, dental, vision and life insurance, disability |
insurance, workers’ compensation, and tuition waivers to maximize the state’s and university’s |
purchasing and investment portfolio and educational opportunities for the benefit of its employees. |
(2) The board is empowered to enter into collective bargaining agreements as appropriate |
with its employees and all existing collective bargaining agreements in effect when the board is |
established pursuant to § 16-32-2.2 shall be transferred from the council on postsecondary |
education to the board. |
(d) The board shall make rules and regulations for the control and use of all public |
properties and highways under its care, and for violations of those rules and regulations; penalties, |
up to one hundred dollars ($100) and costs for any one offense, may be imposed by any district |
court or police court in the city or town where the violation occurs; and, in general, the board shall |
take all actions necessary for the proper execution of the powers and duties granted to, and imposed |
upon, the board by the terms of this chapter. |
(e) The board shall make rules and regulations pursuant to chapter 2 of title 37 to implement |
its responsibilities as a public agency for procurement purposes as defined in § 37-2-7(16). |
(f) The board shall evaluate data on which to base performance of the university as |
described in subsection (g) of this section which shall be defined by the president of the university. |
These measures may include and incorporate outcomes or goals from multiple, previous years. The |
lack of information from previous years, however, will not affect the use of performance-based |
measures. |
(g) The University university of Rhode Island shall have unique measures consistent with |
its purpose, role, scope, and mission. The board shall provide faculty and students an opportunity |
to provide input on the development of performance measures. |
(1) The performance-based measures shall include, but not be limited to, the following |
metrics: |
(i) The number and percentage, including growth in relation to enrollment and prior years |
of bachelor's degrees awarded to first-time, full-time students within four (4) years and six (6) |
years, including summer graduates; |
(ii) The number of degrees awarded that are tied to Rhode Island's high demand, high-wage |
employment opportunities consistent with the institution's mission; |
(iii) One metric that applies only to the university, in consultation with the president, which |
shall consider faculty, staff, and student input; and |
(iv) Any other metrics that are deemed appropriate by the board. |
(2) Weight may be assigned to any of the aforementioned metrics to reinforce the mission |
of the university, the economic needs of the state, and the socio-economic status of the students. |
(h) The board shall hold the university accountable for developing and implementing |
transfer pathways for students from the Community College community college of Rhode Island |
and Rhode Island College college. |
(i) The board shall supervise, coordinate, and/or authorize audits, civil and administrative |
investigations, and inspections or oversight reviews, when necessary, relating to expenditure of |
state or federal funds, or to any and all university programs and operations, as well as the |
procurement of any supplies, services, or construction, by the university. In the course of an audit |
or investigation, the board authorized auditor(s) shall review statutes and regulations of the |
university and shall determine if the university is in compliance and shall make recommendations |
concerning the efficiency of operations, and the effect of such statutes or regulations on internal |
controls and the prevention and detection of fraud, waste, and abuse. The board authorized |
auditor(s) may recommend policies or procedures that may strengthen internal controls, or assist in |
the prevention or detection of fraud, waste, and abuse or mismanagement. Any audits conducted |
shall be transmitted to the office of internal audit established in general law 35-7.1chapter 7.1 of |
title 35. |
16-32-2.1. Additional powers of the President of the University. |
In addition to any powers granted to the president of the University university of Rhode |
Island by law or regulation, and consistent with shared governance practices, in conformity with § |
16-32-10, the president shall have the following additional powers and duties: |
(a) To create, and consolidate departments, divisions, programs, and courses of study |
within the university with the assistance of the commissioner of postsecondary education within |
and the approved role and scope of the president's authority adopted by the council on |
postsecondary education pursuant to § 16-59-4 board of trustees. Any new or proposed eliminations |
of departments, divisions, programs, or courses of study that are outside the role and scope |
approved by the council board shall require the review and approval of the council on |
postsecondary education board. |
(b) To adopt a budget for the university and submit it to the council on postsecondary |
education board of trustees for approval. |
(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)(4) A plan for recruitment of African American and Hispanic faculty into tenure track |
positions at the university with specific reference to and planned involvement with the New |
England higher education's minority faculty recruitment and development plan. |
(5)(4)(5) Copies of the report shall be furnished to the council of postsecondary education |
and the board of education board of trustees. |
(f) To assist the board of trustees in preparation and maintenance of a three-(3) year (3) |
strategic funding plan for the university; to assist the board in the preparation and presentation |
annually to the state budget officer in accordance with § 35-3-4 of a total university budget. |
(g) To monitor, publish, and report to the board of trustees the level of performance on all |
metrics of the universities set forth in § 16-32-2 and in accordance with this chapter. The president |
shall revise the metrics at a time when performance has reached a level pre-defined by the board. |
Future metrics may further goals identified by the board, the board of education, and the governor's |
workforce board, and the purpose and mission of the university. The university shall publish its |
performance on all of its associated metrics prescribed in this chapter on its website. |
16-32-5. Authority over experiment station. |
The board of governors for higher education board of trustees shall have authority over the |
experiment station of the university located in the town of South Kingstown. |
16-32-9. Annual appropriations. |
(a) The general assembly shall annually appropriate any sum as it may deem sufficient for |
the purpose of defraying the expenses of the university, the appropriation to be expended under the |
direction of the trustees and officers of the university. The state controller is authorized and directed |
to draw his or her orders upon the general treasurer for the payment of the appropriations or so |
much of the sums that are necessary for the purposes appropriated, upon the receipt by him or her |
of proper vouchers as the board of trustees may by rule provide. The board shall receive, review, |
and adjust the budget for the university and present the budget under the requirements of § 35-3-4. |
(b) Any tuition or fee increase schedules in effect for the university shall be received by |
the board of trustees for allocation for the fiscal year for which state appropriations are made to the |
board by the general assembly; provided that no further increases may be made by the board for |
the year for which appropriations are made. |
(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. Any debt |
service costs on general obligation bonds presented to the voters in November 2000 and November |
2004 or appropriated funds from the Rhode Island Capital Plan Fund capital plan fund or the |
housing auxiliaries at the University university of Rhode Island shall not be subject to this self- |
supporting requirement in order to provide funds for the building construction and rehabilitation |
program. |
(d) The additional costs to achieve self-supporting status shall be by the implementation of |
a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, |
operating expenses, principal, and interest on debt services, and overhead expenses. |
(e) Notwithstanding paragraphs subsections (a) and (c) of this section or any provisions of |
this title 16, to the extent necessary to comply with the provisions of any outstanding bonds issued |
by the Rhode Island Health and Educational Building Corporation health and educational |
building corporation or outstanding Lease Certificates of Participation lease certificates of |
participation, in either case, issued for the benefit of the University university of Rhode Island, |
the Community College community college of Rhode Island, and/or Rhode Island College college, |
to the extent necessary to comply with the provisions of any such bonds or certificates of |
participation, the general assembly shall annually appropriate any such sums it deems necessary |
from educational and general revenues (including, but not limited to tuition) and auxiliary |
enterprise revenues derived from the University university of Rhode Island, the Community |
College community college of Rhode Island and Rhode Island College college, to be allocated by |
the council on postsecondary education or by the board of trustees, as appropriate, in accordance |
with the terms of the contracts with such bondholders or certificate holders. |
16-32-10. Award of degrees -- Curriculum and government. |
The board of trustees, with the approval of the president and a committee of the faculty of |
the university, shall award academic degrees and diplomas and confer honors in the same manner |
as is customary in American colleges. It shall also be the duty of the president and a committee of |
the faculty, with the approval of the board of governors for higher education board of trustees, to |
arrange courses of study conforming to all acts of Congress, and prescribe any qualifications for |
the admission of students and any rules of study, exercise, discipline, and government as the |
president and committee may deem proper. |
16-32-11. Power to guarantee loans. |
The board of governors for higher education board of trustees is authorized and empowered |
to carry out the provisions of §§ 16-32-12 through 16-32-14 in regard to the guaranty of loans made |
to societies and students at the university. |
16-32-12. Acquisition of land -- Guaranty of loans to societies of students. |
The board of governors for higher education board of trustees is authorized and empowered |
on behalf of the University university of Rhode Island to acquire land and also to guarantee in the |
name of the state approved loans made to societies of students at the university, for the purchase or |
construction, upon lands owned by the university, of society houses which shall serve as student |
dormitories. Any loans approved, upon default, shall become state obligations in the same manner |
as any state bond. |
16-32-15. Assumption of defaulted obligations -- Lien on property. |
Whenever default is made on the part of a society in the payment of loans guaranteed under |
the provisions of § 16-32-12, or any part of them, the board of governors for higher education board |
of trustees is authorized to assume the obligation and to make required payments on principal and |
interest from any of the appropriations available for the University university of Rhode Island. In |
the event of a default, in cases where that board assumes the obligation of a society, the state shall |
have a lien subject to any mortgages or encumbrances existing at the time on any and all property |
of the society. The lien may be released after the reimbursement to the state of all payments made |
on behalf of the society, plus accrued interest. |
16-32-25. Establishment of college of pharmacy fund. |
All money received pursuant to the provisions of chapter 3644 of the Public Laws of 1956 |
shall be deemed to be trust funds to be held by the general treasurer or by the University university |
of Rhode Island Foundation foundation, as provided in § 16-32-26, in a special fund the income |
of which shall be made available to the board of governors for higher education board of trustees |
to be applied by it solely for use as scholarship grants in the field of pharmacy and allied sciences, |
in any manner and under any conditions as the board of governors trustees for higher education |
may determine. The board of governors trustees for higher education is authorized and empowered, |
from time to time, as occasion may require, to draw on the general treasurer or on the University |
university of Rhode Island Foundation foundation, for the annual income of the fund, or so much |
of this amount as may be necessary, to carry out this objective. |
16-32-26. Management of college of pharmacy fund. |
(a) The general treasurer shall have the care and management of the fund with full power |
to regulate the custody and safekeeping of all money and evidences of property belonging to the |
fund. The treasurer shall deposit, subject to his or her order, to the use of this fund, all dividends, |
interest, or income arising from it, in any bank or banks, trust company or trust companies, in which |
funds of the state may be lawfully kept. The treasurer may invest and reinvest, in his or her |
discretion, the money in the fund at any time and the dividends, interest, and income in any |
securities or investments in which the deposits in savings banks and participation deposits in banks |
and trust companies may be legally invested. The treasurer may change and vary the investments |
from time to time, and he or she may sell and dispose of any investments made, when necessary to |
meet the draft of the board of governors for higher education board of trustees as provided in § 16- |
32-25. |
(b) The general treasurer shall, upon the order of the governor to do so, transfer to the |
University university of Rhode Island Foundation foundation created by act of the general |
assembly at its January 1957 session all money and evidences of property comprising the fund, and |
then his or her duties with respect to the fund shall cease, and the foundation shall after this hold |
and administer the fund with all the powers and subject to all the duties imposed upon it by the act |
of the general assembly with respect to other funds held by the foundation; provided, that the fund |
shall be held by the foundation as a special fund and shall not be mingled with other funds held by |
the foundation, and the net income of the fund shall be devoted exclusively to the object specified |
in § 16-32-25. |
SECTION 4. Sections 16-32.1-2 and 16-32.1-8 of the General Laws in Chapter 16-32.1 |
entitled "The University of Rhode Island Research Foundation Act [See Title 16 Chapter 97 - The |
Rhode Island Board of Education Act]" are hereby amended to read as follows: |
16-32.1-2. Creation and powers. |
(a) There is hereby authorized, created and established a public corporation having a legal |
existence distinct from the state and not constituting a department of state government, to be known |
as the University university of Rhode Island Research Foundation research foundation, with such |
powers as are set forth in this chapter, for the purposes of the development of scientific research, |
technology, commercialization of intellectual property and such other purposes as may be |
necessary to develop, promote and enhance scientific research and technology at the University |
university of Rhode Island. |
(b) The research foundation is authorized, created and established for the benefit of the |
University university of Rhode Island and shall be organized exclusively for charitable, |
educational and scientific purposes of the University university of Rhode Island within the |
meaning of § 501(c)(3) of the Internal Revenue Code with the following powers and purposes: |
(1) To aid and assist the University university of Rhode Island in the establishment, |
development and fostering of scientific research and technology which will further the learning |
opportunities, programs, services and enterprises of the University university and of the state of |
Rhode Island; |
(2) To assist in providing research programs at the University university of Rhode Island |
which will provide for the advancement of education and educational programs at the University |
university of Rhode Island and which will provide for opportunities to individuals for learning and |
training in subjects useful to the individual and beneficial to the community; |
(3) To promote, encourage and foster the education and training services, scientific |
investigations, technology development and technology commercialization at the University |
university of Rhode Island; |
(4) To pursue, obtain and protect intellectual property rights (including patents, trademarks, |
tangible materials and copyrights) in and to all valuable intellectual property flowing from or |
belonging to the University university of Rhode Island and to administer such intellectual property |
in conformity with applicable state and federal laws; |
(5) To carry on any other lawful purpose within the meaning of § 501(c)(3) of the Internal |
Revenue Code in connection with its purposes. |
(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 |
university of Rhode Island. |
16-32.1-8. Annual report and audit. |
The research foundation shall submit to the board of governors for higher education board |
of trustees an audited report of its activities for the preceding fiscal year. The report shall set forth |
a complete operating and financial statement covering the research foundation operations during |
the preceding fiscal year. The research foundation shall cause an independent audit of its books and |
accounts to be made at least once each fiscal year. |
SECTION 5. Chapter 16-32 of the General Laws entitled "University of Rhode Island [See |
Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding |
thereto the following sections: |
16-32-2.2. Appointment and removal of the board of trustees. |
(a) There is hereby established a board of trustees for the University university of Rhode |
Island consisting of seventeen (17) members. The governor shall appoint the members, with the |
advice and consent of the senate, to serve on the board of trustees, until the expiration of their term |
and their successor is appointed. In making these appointments the governor shall give due |
consideration to recommendations from the president of the University university of Rhode Island |
and at least three (3) of those members appointed by the governor shall be residents of the State of |
Rhode Island, at least one of those members shall be selected from a list of names of at least five |
(5) individuals submitted by the speaker of the house of representatives, and at least one of those |
members shall be selected from a list of names of at least five (5) individuals submitted by the |
president of the senate. In addition, the president of the University university of Rhode Island shall |
appoint one faculty member and one student member who shall be a full-time student in good |
standing at the university and who shall both serve in a non-voting, ex officio capacity for a single |
two (2) year term. The chair of the board of education and the chair of the council on postsecondary |
education shall serve in a non-voting, ex-officio capacity on the board of trustees. Six (6) of the |
members initially appointed pursuant to this section shall serve terms of three (3) years; seven (7) |
members initially appointed pursuant to this section shall serve terms of two (2) years, including |
the member appointed from the list submitted by the speaker of the house of representatives and |
the member appointed from the list submitted by the president of the senate; and, four (4) members |
initially appointed pursuant to this section shall serve terms of one year. Thirteen (13) voting |
members of the board shall constitute a quorum and the vote of a majority of those present and |
voting shall be required for action. |
(b) After the initial terms of appointment have expired, the governor shall appoint nine (9) |
members with the advice and consent of the senate to serve as members of the board of trustees |
with two (2) members appointed for a term of three (3) years; with two (2) members appointed for |
a term of two (2) years, including the member appointed from the list submitted by the speaker of |
the house of representatives and the member appointed from the list submitted by the president of |
the senate; and with two (2) members appointed for a term of one year and shall be eligible to be |
reappointed to a term of two (2) years. In making these appointments the governor shall give due |
consideration to recommendations from the president of the University university of Rhode Island |
and at least three (3) of those members appointed by the governor shall be residents of the State |
state of Rhode Island, at least one of those members shall be selected from a list of names of at |
least five (5) individuals submitted by the speaker of the house of representatives, and at least one |
of those members shall be selected from a list of names of at least five (5) individuals submitted by |
the president of the senate. The remaining eight (8) voting members shall be self-perpetuating |
members appointed by the board pursuant to rules adopted by the board regarding the nomination |
and appointment of members and shall serve terms as defined by the board pursuant to the adopted |
rules and be eligible for reappointment. In making these appointments the board shall give due |
consideration to recommendations from the president of the University university of Rhode Island. |
(c) A majority of the board shall elect the chair of the board 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. |
(a) Notwithstanding any general laws to the contrary, all receipts from all sources other |
than state appropriations shall not be deposited into the general fund of the state, but shall be |
deposited by the general treasurer of the state into a restricted account for the benefit of the board |
of trustees, and shall be paid out by the treasurer upon the order of the board, without the necessity |
of appropriation or re-appropriation by the general assembly. |
(b) The board of trustees shall ensure that the university has a structure in place to prohibit |
the university from accepting funds that would interfere with or restrict academic freedom at the |
university. Nothing contained in this subsection shall be construed in a way as to prohibit a donor |
from earmarking funds for a particular purpose or use, including, but not limited to, research, |
scholarships, construction, or development. |
16-32-34. Fiscal accounts -- Receipts -- Petty cash funds. |
(a) The treasurer of the University university of Rhode Island, as appointed by the board |
of trustees, shall: |
(1) Keep an accurate account of his or her receipts and expenditures, which shall be audited |
by the state controller; and |
(2) Turn over to the general treasurer at monthly intervals all sums of money received by |
him or her during the preceding month which shall be credited to the proper accounts and funds by |
the general treasurer. |
(b) The state controller shall establish an imprest fund or petty cash fund for the use of the |
treasurer of the university for expenditures of any nature as may be approved by the state controller. |
16-32-35. Audit of expenditures. |
The pre-audit of all expenditures under authority of the board by the state controller |
provided for in § 35-6-1 shall be purely ministerial, concerned only with the legality of the |
expenditure and the availability of the funds, and in no event shall the state controller interpose his |
or her judgment regarding the wisdom or expediency of any item or items of expenditure. |
16-32-36. Freedom from budget and lease control by other agencies. |
In order that the board of trustees may control the personnel and equipment of the |
university in the interest of educational efficiency, the board and the university are exempt from |
the provisions of § 35-3-1(a)(5) relating to the employment of personnel, and from any provision |
of § 42-20-8 which that relates to the director of administration. |
16-32-37. Applicability of merit system -- Teacher certification -- List of positions |
transferable to classified service. |
(a) The appointment, promotion, salaries, tenure, and dismissal of administrative, |
instructional, and research employees, and secretarial employees not exceeding ten (10) in number, |
and armed university police officers shall not be subject in any manner or degree to control by the |
state personnel administrator or by any officer or board other than the board of trustees. The |
certification of teachers at the University university of Rhode Island is abolished, except for |
teachers who elect to come or remain under it. |
(b) All positions that are exempt from the merit system law, chapter 4 of title 36, which |
that become vacant or that are to be established, must be forwarded to the state personnel |
administrator, who shall determine whether the position(s) in question shall remain in the board of |
trustees non-classified service or be established in the classified service of the state. |
(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 |
pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall |
cease beginning on July 1, 2011, or beginning upon the expiration of the applicable collective |
bargaining agreement, whichever occurs later. To the extent an employee has previously accrued |
longevity payments, the amount of the longevity payment earned by the employee for the last pay |
period in June, 2011, shall be added to the employee's base salary as of June 30, 2011, or in the |
case of an employee with longevity provisions pursuant to a collective bargaining agreement in |
effect on June 1, 2011, the amount of the longevity payment earned by the employee for the latter |
of the last pay period in June or the last pay period prior to the expiration of the applicable collective |
bargaining agreement shall be added to the employee's base salary as of June 30, 2011, or upon the |
expiration of the applicable collective bargaining agreement, whichever occurs later. |
16-32-40. Appointment of campus police. |
(a) The board of trustees may appoint one or more persons who may act as police officers |
upon the property and highways of the university subject to the control of the board and upon the |
streets and highways immediately adjacent to those lands. The campus police officers shall protect |
the property of the university,; suppress nuisances and disturbances and breaches of the peace,; and |
enforce laws and regulations for the preservation of good order. They shall have the same powers |
and authority as that conferred upon municipal police officers, including the power to arrest persons |
for violations of state criminal statutes or for violations of city or town ordinances of the city or |
town in which the institution is located. They shall be required to attend and successfully complete |
the municipal police training academy before they shall be allowed to carry firearms. Additionally, |
any campus police officer observing the violation of any rule or regulation of the board adopted |
pursuant to this chapter, including, but not limited to, parking and traffic regulations, may issue a |
summons in the manner and form set forth in §§ 31-27-12 or § 31-41.1-1 returnable to the district |
court, the police court of the city or town where the violation occurs, or the traffic tribunal as |
provided by law. |
(b) Notwithstanding any other provision of law, all fines and penalties recovered for |
violation of rules and regulations made under authority of this section shall be accounted for by the |
appropriate authority, which shall forward all fines or penalties for nonmoving traffic violations to |
the general treasurer for use by the college or university on whose campus the citation or violation |
was issued in accordance with § 16-32-27. |
16-32-41. Conflicts of interest. |
No member of the board of trustees shall be employed in any position under the jurisdiction |
of the board, nor contract in any manner for any purpose with the board; nor shall the board |
purchase, sell, or lease any land, property, or supplies from or to any firm or business association |
of which any member of the board is owner, part owner, or officer or director. No person related |
by consanguinity or affinity in the first degree to any member of the board shall be employed in |
any capacity under the board's jurisdiction. |
16-32-42. Existing Bond Debt. |
The board of trustees is authorized to take all actions, and execute and deliver all |
agreements or instruments, necessary or convenient for the board to assume all of the obligations |
on behalf of, and in replacement of, or jointly with the council on postsecondary education under |
outstanding bonds issued by the Rhode Island Health and Educational Building Corporation Rhode |
Island health and educational building corporation or outstanding Lease Certificates of |
Participation lease certificates of participation, in either case, issued for the benefit of the |
University university of Rhode Island, the Community College community college of Rhode |
Island, and/or Rhode Island College college as may be necessary to ensure, among other items, that |
the university continues to meet its obligations under such bonds or certificates. |
SECTION 6. Sections 16-59-1, 16-59-6, 16-59-9, 16-59-13, 16-59-18, 16-59-19, 16-59-22 |
and 16-59-26 of the General Laws in Chapter 16-59 entitled "Council on Postsecondary Education |
[See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" are hereby amended to read |
as follows: |
16-59-1. Council on Postsecondary Education established. |
(a) There is created a council on postsecondary education, sometimes referred to as the |
"council,", which shall be and is constituted a public corporation, empowered to sue and be sued in |
its own name, and to exercise all the powers, in addition to those specifically enumerated in this |
chapter, usually appertaining to public corporations entrusted with control of postsecondary |
educational institutions and functions. Upon its organization, the council shall be invested with the |
legal title (in trust for the state) to all property, real and personal, now owned by and/or under the |
control or in custody of the board of regents for education for the use of the University of Rhode |
Island, Rhode Island College college, Community College the community college of Rhode Island |
and the system of community colleges of Rhode Island, including all departments, divisions, and |
branches of these. |
(b) The council is empowered to hold and operate the property in trust for the state; to |
acquire, hold, and dispose of the property and other like property as deemed necessary for the |
execution of its corporate purposes. The council is made successor to all powers, rights, duties, and |
privileges formerly belonging to the board of regents for education pertaining to postsecondary |
education and the board of governors for higher education. |
(c) The council shall be the employer of record for higher education Rhode Island College |
college and the Community College community college of Rhode Island and the office of |
postsecondary education. It shall retain all authority formerly vested in the board of education |
regarding the employment of faculty and staff at the public higher education institutions Rhode |
Island College college and the Community College community college of Rhode Island. |
(d) The council shall be the governing body for the Rhode Island division of higher |
education assistance and shall retain all authority formerly vested in the higher education assistance |
authority board of directors pursuant to § 16-57-7; however, any debts, liabilities, or obligations of |
the council that result from its status as such governing body shall be payable solely from the |
revenues or assets of reserve funds set forth and established by the prior Rhode Island higher |
education assistance authority and/or the Rhode Island division of higher education assistance |
created pursuant to chapter 57 of this title, and not from any assets or property held by the council |
on public higher education pursuant to this chapter. |
(e) The council on postsecondary education shall be the employer of record for the division |
of higher education assistance. |
(f) The council on postsecondary education, simultaneous with the transfer of authority to |
the University university of Rhode Island board of trustees pursuant to § 16-32-2, shall enter into |
a sublease with the University university of Rhode Island board of trustees for the space the |
University university currently occupies at the Rhode Island Nursing Education Center nursing |
education center in Providence, Rhode Island, such sublease being coterminous with the Lease |
lease and incorporating the same terms, conditions and space allocations currently in effect under |
the Lease lease, and R.I. Public Law 2014, Chapter 145, Article 4, Section 8 P.L. 2014, ch. 145, |
art. 4, § 8, and that certain Memorandum of Understanding memorandum of understanding |
dated January 7, 2017, among the Rhode Island Office of Postsecondary Commissioner office of |
postsecondary commissioner, the University university of Rhode Island and Rhode Island |
College college. |
(g) The council is empowered to enter into contracts and agreements with the board of |
trustees for the University university of Rhode Island and/or the department of administration |
related to public higher education employee benefits, including, but not limited to, retirement |
benefits, health, dental, vision and life insurance, disability insurance, workers’ compensation, and |
tuition waivers to maximize the state’s and council’s purchasing and investment portfolio and |
educational opportunities for the benefit of its employees. |
16-59-6. Commissioner of postsecondary education. |
The council on postsecondary education, with approval of the board, shall appoint a |
commissioner of postsecondary education, who shall serve at the pleasure of the council, provided |
that his or her initial engagement by the council shall be for a period of not more than three (3) |
years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary |
education, the governor shall serve as an additional voting member of the council. The position of |
commissioner shall be in the unclassified service of the state and he or she shall serve as the chief |
executive officer of the council on postsecondary education, the chief administrative officer of the |
office of postsecondary commissioner, and the executive director of the division of higher |
education assistance. The commissioner of postsecondary education shall have any duties that are |
defined in this section and in this title and other additional duties as may be determined by the |
council, and shall perform any other duties as may be vested in him or her by law. In addition to |
these duties and general supervision of the office of postsecondary commissioner and the |
appointment of the several officers and employees of the office, it shall be the duty of the |
commissioner of postsecondary education: |
(1) To develop and implement a systematic program of information gathering, processing, |
and analysis addressed to every aspect of higher education in the state, especially as that |
information relates to current and future educational needs. |
(2) To prepare a strategic plan for higher education in the state aligned with the goals of |
the board of education's strategic plan; to coordinate the goals and objectives of the higher public |
education sector with the goals of the council on elementary and secondary education and activities |
of the independent higher education sector where feasible. |
(3) To communicate with, and seek the advice of those concerned with, and affected by the |
board of education's and council's determinations. |
(4) To implement broad policy as it pertains to the goals and objectives established by the |
board of education and council on postsecondary education; to promote better coordination |
between higher public education in the state, independent higher education in the state as provided |
in subdivision subsection (10) of this section, and pre k-12 education; to assist in the preparation |
of the budget for public higher education; and to be responsible, upon direction of the council, for |
the allocation of appropriations, the acquisition, holding, disposition of property. |
(5) To be responsible for the coordination of the various higher educational functions of |
the state so that maximum efficiency and economy can be achieved. |
(6) To assist the board of education in preparation and maintenance of a five-year (5) |
strategic funding plan for higher education; to assist the council in the preparation and presentation |
annually to the state budget officer in accordance with § 35-3-4 of a total, public higher educational |
budget. |
(7) To recommend to the council on postsecondary education, after consultation with the |
presidents, a clear and definitive mission for each public institution of higher learning college. |
(8) To annually recommend to the council on postsecondary education, after consultation |
with the presidents, the creation, abolition, retention, or consolidation of departments, divisions, |
programs, and courses of study within the public colleges and universities to eliminate unnecessary |
duplication in public higher education, to address the future needs of public higher education in the |
state, and to advance proposals recommended by the presidents of the public colleges and |
universities pursuant to §§ 16-32-2.1, 16-33-2.1 and 16-33.1-2.1. |
(9) To supervise the operations of the office of postsecondary commissioner, including the |
division of higher education assistance, and any other additional duties and responsibilities that |
may be assigned by the council. |
(10) To perform the duties vested in the council with relation to independent higher |
educational institutions within the state under the terms of chapter 40 of this title and any other |
laws that affect independent higher education in the state. |
(11) To be responsible for the administration of policies, rules, and regulations of the |
council on postsecondary education with relation to the entire field of higher education within the |
state, not specifically granted to any other department, board, or agency and not incompatible with |
law. |
(12) To prepare standard accounting procedures for public higher education and all public |
colleges and universities. |
(13) To carry out the policies and directives of the board of education and the council on |
postsecondary education through the office of postsecondary commissioner and through utilization |
of the resources of the public institutions of higher learning colleges. |
(14) To enter into interstate reciprocity agreements regarding the provision of |
postsecondary distance education; to administer such agreements; to approve or disapprove |
applications to voluntarily participate in such agreements from postsecondary institutions that have |
their principal place of business in Rhode Island; and to establish annual fees, with the approval of |
the council on postsecondary education, for aforesaid applications to participate in an interstate |
postsecondary distance education reciprocity agreement. |
(15) To the extent necessary for participation, and to the extent required and stated in any |
distance learning reciprocity agreement, to implement procedures to address complaints received |
from out-of-state students in connection with, or related to, any Rhode Island postsecondary |
institution, public or private, that has been approved to participate in said reciprocity agreement. |
(16) To exercise all powers and duties of the division of higher education assistance as set |
forth under the terms of chapter 57 of this title. |
16-59-9. Educational budget and appropriations. |
(a) The general assembly shall annually appropriate any sums it deems necessary for |
support and maintenance of higher education in the state and the state controller is authorized and |
directed to draw his or her orders upon the general treasurer for the payment of the appropriations |
or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him |
or her of proper vouchers as the council on postsecondary education may by rule provide. The |
council shall receive, review, and adjust the budget for the office of postsecondary commissioner |
and present the budget as part of the budget for higher education under the requirements of § 35-3- |
4. |
(b) The office of postsecondary commissioner and the institutions of public higher |
education shall establish working capital accounts. |
(c) Any tuition or fee increase schedules in effect for the institutions of public higher |
education shall be received by the council on postsecondary education for allocation for the fiscal |
year for which state appropriations are made to the council by the general assembly; provided that |
no further increases may be made by the board of education or the council on postsecondary |
education for the year for which appropriations are made. Except that these provisions shall not |
apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode |
Island, Rhode Island college, and the community colleges including student fees as described in |
P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 |
as amended. |
(d) All housing, dining, and other auxiliary facilities at all public institutions of higher |
learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay |
operating expenses, including principal and interest on debt services, and overhead expenses for |
the facilities, with the exception of the mandatory fees covered by the Rhode Island promise |
scholarship program as established by § 16-107-3. Any debt-service costs on general obligation |
bonds presented to the voters in November 2000 and November 2004 or appropriated funds from |
the Rhode Island capital plan for the housing auxiliaries at the university of Rhode Island and |
Rhode Island college shall not be subject to this self-supporting requirement in order to provide |
funds for the building construction and rehabilitation program. The institutions of public higher |
education will establish policies and procedures that enhance the opportunity for auxiliary facilities |
to be self-supporting, including that all faculty provide timely and accurate copies of booklists for |
required textbooks to the public higher educational institution's bookstore. |
(e) The additional costs to achieve self-supporting status shall be by the implementation of |
a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, |
operating expenses, principal, and interest on debt services, and overhead expenses. |
(f) The board of education is authorized to establish a restricted-receipt account for the |
Higher Education and Industry Centers higher education and industry centers established |
throughout the state to collect lease payments from occupying companies, and fees from room and |
service rentals, to support the operation and maintenance of the facilities. All such revenues shall |
be deposited to the restricted-receipt account. |
(g) Notwithstanding paragraphs subsections (a) and (d) of this section or any provisions |
of this title 16, to the extent necessary to comply with the provisions of any outstanding bonds |
issued by the Rhode Island Health and Educational Building Corporation health and educational |
building corporation or outstanding Lease Certificates of Participation lease certificates of |
participation, in either case, issued for the benefit of the University university of Rhode Island, |
the Community College community college of Rhode Island, and/or Rhode Island College college, |
to the extent necessary to comply with the provisions of any such bonds or certificates of |
participation, the general assembly shall annually appropriate any such sums it deems necessary |
from educational and general revenues (including, but not limited to, tuition) and auxiliary |
enterprise revenues derived from the University university of Rhode Island, the Community |
College community College college of Rhode Island and Rhode Island College college, to be |
allocated by the council on postsecondary education or by the board of trustees of the University |
university of Rhode Island, as appropriate, in accordance with the terms of the contracts with such |
bondholders or certificate holders. |
16-59-13. Definitions. |
Where in this chapter the phrase "public colleges" or "public institutions of higher learning" |
or "public tax supported institutions of higher learning" or words of similar import are used they |
shall be taken to mean the University of Rhode Island, Rhode Island College college, and the |
Community College community college of Rhode Island, or any other of these public colleges, |
public institutions of higher learning, or public tax supported institutions of higher learning other |
than the University university of Rhode Island, which may be created, individually or collectively, |
as appropriate. |
16-59-18. Receipts from sources other than appropriations. |
(a) All receipts from all sources other than state appropriations shall not be covered into |
the general fund of the state, but shall be kept by the general treasurer of the state in a separate fund |
for the board of governors for higher education, and shall be paid out by the treasurer upon the |
order of the board, without the necessity of appropriation or re-appropriation by the general |
assembly. |
(b) The board of governors of higher education council on postsecondary education shall |
ensure that state colleges and universities have a structure in place to prohibit these colleges and |
universities from accepting funds that would interfere with or restrict academic freedom at the state |
colleges and universities. Nothing contained in this subsection shall be construed in a way as to |
prohibit a donor from earmarking funds for a particular purpose or use including but not limited to |
research, scholarships, construction, or development. |
16-59-19. Fiscal accounts -- Receipts -- Petty cash funds. |
The treasurer of the University of Rhode Island, and the treasurer of the Rhode Island |
College college to be appointed by the board of governors for higher education council on |
postsecondary education, shall each keep an accurate account of his or her receipts and |
expenditures which shall be audited by the state controller in accordance with law. The treasurer |
of each college shall turn over to the general treasurer at monthly intervals all sums of money |
received by him or her during the preceding month which shall be credited to the proper accounts |
and funds by the general treasurer. The state controller shall establish an imprest fund or petty cash |
fund for the use of the treasurer of each of the colleges for expenditures of any nature as may be |
approved by the state controller. |
16-59-22. Applicability of merit system -- Teacher certification -- List of positions |
transferable to classified service. |
(a) The appointment, promotion, salaries, tenure, and dismissal of administrative, |
instructional, and research employees, and secretarial employees not exceeding ten (10) in number, |
and armed college and university police officers of the state colleges shall not be subject in any |
manner or degree to control by the personnel administrator or by any officer or board other than |
the council on postsecondary education. The certification of teachers at the University of Rhode |
Island is abolished, except for teachers who elect to come or remain under it. |
(b) All positions that are exempt from the merit system law, chapter 4 of title 36, which |
become vacant or that are to be established, must be forwarded to the personnel administrator, who, |
in consultation with the deputy assistant commissioner of education in charge of personnel and |
labor relations, shall determine whether the position(s) in question shall remain in the council on |
postsecondary education non-classified service or be established in the classified service of the |
state. |
(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. |
(b) Definitions. The following words and phrases used in § 16-59-26 this section have the |
following meaning: |
(1) "Conflict of interest policies and procedures relating to research and development" |
refers to policies and procedures adopted by the Rhode Island board of governors for higher |
education, council on postsecondary education, or as it pertains to the University university of |
Rhode Island, the board of trustees, in consultation with the Rhode Island ethics commission, and |
approved by the Rhode Island ethics commission; |
(2) "Relationship" includes any interest, service, employment, gift, or other benefit or |
relationship; |
(3) "Research or development" means basic or applied research or development, including: |
(i) The development or marketing of university-owned technology; |
(ii) The acquisition of services of an official or employee, by an entity for research and |
development purposes; |
(iii) Participation in state economic development programs; or |
(iv) The development or marketing of any technology on the premises of a public |
institution of higher education by an official or employee of the institution. |
(c) Policy. |
(1) The Rhode Island board of governors for higher education council on postsecondary |
education, or as it pertains to the University university of Rhode Island, the board of trustees shall |
develop conflict of interest policies and procedures based on the purposes expressed in art. 3, § 7 |
of the Constitution of the State of Rhode Island R.I. Const., Art. III, Sec. VII, § 36-14-1, and in |
this section. |
(2) The Rhode Island board of governors for higher education council on postsecondary |
education, or as it pertains to the University university of Rhode Island, the board of trustees, shall |
consult with the Rhode Island ethics commission in developing these policies and procedures and |
shall submit them to the Rhode Island ethics commission for approval in order to insure conformity |
with the purposes expressed in art. 3, § 7 of the Constitution of the State of Rhode Island R.I. |
Const., Art. III, Sec. VII, § 36-14-1, and in this section. |
(d) Policy standards. The policies and procedures adopted by the board of governors for |
higher education council on postsecondary education, or as it pertains to the University |
university of Rhode Island, the board of trustees under subsection (c) of this section shall: |
(1) Require disclosure of any interest in, or employment by, or other relationship with an |
entity for which an exemption under this section is claimed, on a form filed with the ethics |
commission and the Rhode Island board of governors council on postsecondary education for |
higher education, or as it pertains to the University university of Rhode Island, the board of trustees |
and maintained as a public record at the commission offices, the office of higher education, and at |
the interested public institution of higher education; |
(2) Require review of all disclosures by a designated official or officials, who shall |
determine what further information must be disclosed and what restrictions shall be imposed by the |
Rhode Island board of governors for higher education council on postsecondary education, or as |
it pertains to the University university of Rhode Island, the board of trustees to manage, reduce, or |
eliminate any actual or potential conflict of interest; |
(3) Include guidelines to ensure that interests and employment for which an exemption |
under this section is claimed do not improperly give an advantage to entities in which the interests |
or employment are maintained, lead to misuse of institution students or employees for the benefit |
of entities in which the interests or employment are maintained, or otherwise interfere with the |
duties and responsibilities of the exempt official or employee; |
(4) Require approval by the president of the public institution of higher education of any |
interest or employment for which an exemption is claimed under this section; and |
(5) Require approval by the Rhode Island board of governors council on postsecondary |
education for higher education, or as it pertains to the University university of Rhode Island, the |
board of trustees. |
(e) Relationship permitted. An official or employee at a public institution of higher |
education may have a relationship, that would otherwise be prohibited by the Rhode Island Code |
of Ethics in Government code of ethics in government, with an entity engaged in research or |
development, or with an entity having a direct interest in the outcome of research or development, |
only if the Rhode Island board of governors council on postsecondary education for higher |
education, or as it pertains to the University university of Rhode Island, the board of trustees has |
adopted policies and procedures in accordance with this section, and the official or employee has |
complied with the policies and procedures. If the provisions of this section are not met, the official |
or employee is not exempt from any relevant provisions of the Rhode Island Code of Ethics in |
Government code of ethics in government. |
(f) Annual reporting. The board of governors for higher education council on |
postsecondary education, or as it pertains to the University university of Rhode Island, the board |
of trustees shall report annually to the governor, the president of the senate and the speaker of the |
house of representatives, and the ethics commission the number of approvals granted under this |
section and how the conflict of interest policies and procedures adopted pursuant to this section |
have been implemented in the preceding year. |
(g) Person not eligible. An official or employee who is a president, or vice-president at a |
public institution of higher education in Rhode Island may not receive an exemption under this |
section. |
(h) Ethics commission review. The board of governors for higher education council on |
postsecondary education, or as it pertains to the University university of Rhode Island, the board |
of trustees, shall promptly notify the ethics commission in writing of any exemption that is granted |
under this section. If the ethics commission disagrees with an exemption that is granted pursuant |
to this section and the conflict of interest policies and procedures relating to research and |
development adopted by the board of governors for higher education council on postsecondary |
education, within thirty (30) calendar days after the receipt of the notice described in this section, |
the ethics commission shall notify the board of governors for higher education council on |
postsecondary education reason for its concern. Upon receipt of such notice from the ethics |
commission, the board of governors for higher education council on postsecondary education, or |
as it pertains to the University university of Rhode Island, the board of trustees shall cause the |
matter to be re-examined at an open and public meeting pursuant to § 42-46-1 et seq. |
SECTION 7. Section 16-59-28 of the General Laws in Chapter 16-59 entitled "Council on |
Postsecondary Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is |
hereby repealed. |
16-59-28. "Bachelors Degree in Three" program. |
(a) The Rhode Island board of governors for higher education shall establish and administer |
the "Bachelors Degree in Three" program. The board shall: |
(1) Establish guidelines for the "Bachelors Degree in Three" program. |
(2) Collaborate with the board of regents for elementary and secondary education to |
establish a seamless credit transfer system for high school students and other policies that might |
facilitate student participation in such a program. |
(3) Identify and propose any necessary changes to academic courses of study, support |
services, financial aid, and other policies and resources at the University of Rhode Island, Rhode |
Island College and the Community College of Rhode Island to ensure greater opportunities for |
students to complete bachelors degree programs in three (3) years. |
(4) Identify potential costs of the program, including costs to students, to the institutions, |
and to school districts, identify possible sources of external grant funding for a pilot program, and |
propose a funding structure for the program. |
(5) Investigate accreditation issues and federal financial aid rules that may be implicated |
by the program. |
(6) Identify units at the University of Rhode Island, Rhode Island College, and the |
Community College of Rhode Island that will assume administrative responsibility for the program. |
(7) Design, undertake and evaluate a three (3) year pilot program that will serve as a model |
for full-scale implementation. |
(b) The board shall present an initial report, recommendations and timeline to the general |
assembly on or by February 1, 2011, and the pilot program will begin with the fall academic |
semester of 2011. |
SECTION 8. Sections 16-97-7 and 16-97-1 of the General Laws in Chapter 16-97 entitled |
"The Rhode Island Board of Education Act" are hereby amended to read as follows: |
16-97-1. Rhode Island board of education established. |
(a) Effective January 1, 2013, there is created a board of education that shall be responsible |
for and shall exercise the purposes, powers, and duties of, this chapter and chapters 59 and 60 of |
this title. The board is responsible for the coordination of education from pre-k through higher |
education and shall set goals and policies for the effective coordination of these public education |
systems. |
(b) The board of education shall consist of seventeen (17) public members appointed by |
the governor with the advice and consent of the senate, eight (8) of whom shall be designated to |
serve on the council for on elementary and secondary education and eight (8) of whom shall be |
designated to serve on the council for on postsecondary education. The chairperson of the board |
shall serve as a member of both councils. Six (6) of the members initially appointed pursuant to |
this section shall serve terms of three (3) years; six (6) members initially appointed pursuant to this |
section shall serve terms of two (2) years; and, four (4) members initially appointed pursuant to this |
section shall serve terms of one year. To the greatest extent possible, the initial staggered terms |
shall be equitably divided among the councils so as to protect against sudden changes in |
membership and reversal of policy. Thereafter, all members appointed pursuant to this section shall |
serve terms of three (3) years. At the expiration of their terms, members shall remain and continue |
in their official capacity until their successor is appointed and qualified. Members shall not be |
appointed to more than three (3), successive three-year (3) terms each; provided that the chair of |
the board shall have no term and shall serve at the pleasure of the governor. Any vacancy among |
the members of the board shall be filled by appointment of the governor for the remainder of the |
unexpired term. In the selection and appointment of the board, the governor shall seek persons who |
best serve the needs of the entire state. No person shall be eligible for appointment to the board |
after the effective date of this act unless a resident of this state. Members of the board shall not be |
compensated for their service in attending board or council meetings. |
(c) The chair of the Governor's Workforce Board workforce board, or designee,; and the |
chair of the Rhode Island Commerce Corporation commerce corporation, or designee,; and the |
chair of the University university of Rhode Island board of trustees, or designee, shall serve as |
non-voting, ex-officio members of the board. |
(d) The governor shall select from the appointed members a chairperson and vice |
chairperson. A quorum shall consist of nine (9) members of the board. A majority vote of those |
present shall be required for action. |
(e) Except as provided by subsection (b) of this section, members of the board shall be |
removable by the governor for cause only. Removal solely for partisan or personal reasons |
unrelated to performance, capacity, or fitness for the office shall be unlawful. |
(f) The statutory responsibilities of the department of elementary and secondary education, |
the commissioner of elementary and secondary education, and the commissioner of postsecondary |
education shall remain unchanged. |
(g) The chair of the board of education shall consult with the chairs of the council on |
elementary and secondary education, the council on postsecondary education, the commissioner of |
elementary and secondary education, and the commissioner of postsecondary education in |
developing agendas, goals, policies, and strategic plans for the board. |
16-97-7. Tuition waivers -- Disclosure as a prerequisite to receipt. |
Notwithstanding any other provision of law, no employee of the state board of education, |
or the board of trustees for the University university of Rhode Island, his or her spouse, domestic |
partner or dependent, shall receive a tuition waiver as a result of employment status with the state |
board of education, or the board of trustees for the University university of Rhode Island without |
first consenting to the public disclosure of the existence and amount of the waiver. This section |
shall apply to any tuition waivers, including, but not limited to, any such waiver at the Community |
College community college of Rhode Island, Rhode Island College college, and/or the University |
university of Rhode Island. |
SECTION 9. Section 16-101-1 of the General Laws in Chapter 16-101 entitled "Academic |
Credit For Military Service" is hereby amended to read as follows: |
16-101-1. Academic credit for military service. |
(a) State public higher education institutions in the state shall honor the military training, |
experience, correspondence courses, and occupations of an individual who has served in the |
military or armed forces of the United States by allowing academic credits that meet the standards |
of the American Council on Education or equivalent standards for awarding academic credit, if the |
award of the educational credit is based upon the institution's admission standards and its role, |
scope, and mission. The board of education shall adopt policies or regulations requiring each |
institution to award educational credits to a student enrolled in the institution, based upon the |
student's military training or service when academically appropriate. |
(b) The board of trustees for the University university of Rhode Island, in consultation |
with the president and the faculty senate, shall adopt policies or regulations requiring the award of |
educational credits to a student enrolled at the university, based upon the student's military training |
or service when academically appropriate. |
SECTION 10. Sections 16-106-4 and 16-106-6 of the General Laws in Chapter 16-106 |
entitled "The Performance Incentive Funding Act of 2016" are hereby amended to read as follows: |
16-106-4. Performance incentive funding -- Rhode Island College and University of |
Rhode Island. Performance incentive funding -- Rhode Island College. |
(a) Beginning in FY 2018, funding for Rhode Island College college ("RIC") and the |
University of Rhode Island ("URI") shall include a performance-based component utilizing all |
additional allocations of otherwise unrestricted, higher-education general revenue greater than the |
base amount received pursuant to the FY 2016 budget as enacted, of total unrestricted state higher- |
education funding. |
(b) Data on which to base performance measures as described in subsection (c) shall be |
defined by the commissioner of postsecondary education, in consultation with the council on |
postsecondary education. Measures shall begin to be collected in FY 2017. |
These measures may include and incorporate outcomes or goals from multiple, previous |
years. The lack of information from previous years, however, will not affect the use of performance- |
based measures. |
(c) Rhode Island College 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 on postsecondary |
education. |
(d) Weight may be assigned to any of the aforementioned metrics to either or both of the |
institutions to reinforce the missions mission of RIC and URI, respectively, the economic needs of |
the state, and the socio-economic status of the students. The commissioner may consider the |
institutions' institution's improvements in said metrics when determining whether it has satisfied |
the annual measure despite not reaching the overall goal. |
(e) The commissioner shall provide faculty and students an opportunity to provide input |
on the development of performance measures. |
16-106-6. Accountability -- Authority to revise and transparency. |
(a) The commissioner of postsecondary education shall monitor, publish, and report to the |
council on postsecondary education the level of performance on all metrics identified in accordance |
with this chapter for the Community College community college of Rhode Island, and Rhode |
Island College college, and the University of Rhode Island. |
(b) The commissioner of postsecondary education, in consultation with the council of on |
postsecondary education, shall revise the metrics at a time when performance has reached a pre- |
defined level. Future metrics shall further goals identified by the board of education and the |
governor's workforce board, and the applicable purpose and mission of the institution of higher |
education to which they apply. |
(c) Each public higher-education institution shall publish its performance on all of its |
associated metrics prescribed in this chapter on its website. |
SECTION 11. Section 35-4-23.1 of the General Laws in Chapter 35-4 entitled "State |
Funds" is hereby amended to read as follows: |
35-4-23.1. Indirect cost recoveries by state agencies. |
All state agencies shall apply for recovery of indirect costs when recovery is permissible |
under federal statute and grant regulations. All funds received for indirect costs recovery shall be |
turned over to the general treasurer and shall be placed in a restricted account in each agency for |
the specific purposes designated through the annual budget process. The agency shall, through the |
annual budget process, report to the general assembly the estimated amount of federal indirect cost |
recoveries for the next fiscal year, together with the intended use of the funds. Nothing contained |
in this section, however, shall conflict with the powers and duties granted the board of governors |
for higher education council on postsecondary education and the board of regents for the council |
on elementary and secondary education in chapters 59 and 60 of title 16, and the board of trustees |
for the University university of Rhode Island as provided in chapter 32 of title 16. |
SECTION 12. Section 37-2-7 of the General Laws in Chapter 37-2 entitled "State |
Purchases" is hereby amended to read as follows: |
37-2-7. Definitions. |
The words defined in this section have the meanings set forth below whenever they appear |
in this chapter, unless the context in which they are used clearly requires a different meaning or a |
different definition is prescribed for a particular section, group of sections, or provision: |
(1) "Business" means any corporation, partnership, individual, sole proprietorship, joint |
stock company, joint venture, or any other legal entity through which business is conducted. |
(2) "Change order" means a written authorization signed by the purchasing agent directing |
or allowing the contractor to proceed with changes, alterations, or modifications to the terms, |
conditions, or scope of work on a previously awarded contract. |
(3) "Chief purchasing officer" shall mean: (i) for For a state agency, the director of the |
department of administration, and (ii) for For a public agency, the executive director or the chief |
operational officer of the agency. |
(4) "Construction" means the process of building, altering, repairing, improving, or |
demolishing any public structures or building, or other public improvements of any kind to any |
public real property. It does not include the routine maintenance or repair of existing structures, |
buildings, or real property performed by salaried employees of the state of Rhode Island in the |
usual course of their jobs. |
(5) "Contract" means all types of agreements, including grants and orders, for the purchase |
or disposal of supplies, services, construction, or any other item. It includes awards; contracts of a |
fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of |
job or task orders; leases; letter contracts; purchase orders; and construction management contracts. |
It also includes supplemental agreements with respect to any of the foregoing. "Contract" does not |
include labor contracts with employees of state agencies. |
(6) "Contract amendment" means any written alteration in the specifications, delivery |
point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing |
contract, whether accomplished by unilateral action in accordance with a contract provision, or by |
mutual action of the parties to the contract. It includes bilateral actions, such as supplemental |
agreements, and unilateral actions, such as change orders, administrative changes, notices of |
termination, and notices of the exercise of a contract option. |
(7) "Contractor" means any person having a contract with a governmental body. |
(8) "Data" means recorded information, regardless of form or characteristic. |
(9) "Designee" means a duly authorized representative of a person holding a superior |
position. |
(10) "Employee" means an individual drawing a salary from a state governmental entity. |
(11) "State governmental entity" means any entity created as a legislative body or a public |
or state agency by the general assembly or constitution of this state, except for municipal, regional, |
or county governmental entities. |
(12) "May" means permissive. |
(13) "Negotiation" means contracting by either the method set forth in §§ 37-2-19, 37-2- |
20, or 37-2-21. |
(14) "Person" means any business, individual, organization, or group of individuals. |
(15) "Procurement" means the purchasing, buying, renting, leasing, or otherwise obtaining |
of any supplies, services, or construction. It also includes all functions that pertain to the obtaining |
of any supply, service, or construction item, including a description of requirements, selection and |
solicitation of sources, preparation, and award of contract, and all phases of contract administration. |
(16) "Public agency" shall mean the Rhode Island industrial recreational building authority, |
the Rhode Island commerce corporation, the Rhode Island industrial facilities corporation, the |
Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance |
corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit |
authority, the Rhode Island student loan authority, the Howard development corporation, the water |
resources board corporate, the Rhode Island health and education building corporation, the Rhode |
Island turnpike and bridge authority, the Blackstone Valley district commission, the Narragansett |
Bay water quality management district commission, the Rhode Island telecommunications |
authority, the convention center authority, the Channel 36 foundation, the Rhode Island lottery |
commission their successors and assigns, any other body corporate and politic which has been or |
will be created or established within this state excepting cities and towns, the University university |
of Rhode Island board of trustees for all purchases which that are funded by restricted, sponsored, |
or auxiliary monies, and the council on postsecondary education for all purchases which that are |
funded by restricted, sponsored, or auxiliary monies. |
(17) "Purchase request" or "purchase requisition" means that document whereby a using |
agency requests that a contract be entered into to obtain goods and/or services for a specified need, |
and may include, but is not limited to, the technical description of the requested item, delivery |
requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation |
of suggested sources of supply, and information supplied for the making of any written |
determination and finding required by § 37-2-6. |
(18) "Purchasing agency" means any state governmental entity which is authorized by this |
chapter, its implementing regulations, or by way of delegation from the chief purchasing officer to |
contract on its own behalf rather than through the central contracting authority of the chief |
purchasing officer. |
(19) "Purchasing agent" means any person authorized by a governmental entity in |
accordance with procedures prescribed by regulations, to enter into and administer contracts and |
make written determinations and findings with respect to contracts. The term also includes an |
authorized representative acting within the limits of authority. "Purchasing agent" also means the |
person appointed in accordance with § 37-2-1. |
(20) "Services" means the rendering, by a contractor, of its time and effort rather than the |
furnishing of a specific end product, other than reports which that are merely incidental to the |
required performance of services. "Services" does not include labor contracts with employees of |
state agencies. |
(21) "Shall" means imperative. |
(22) "State" means the state of Rhode Island and any of its departments or agencies and |
public agencies. |
(23) "Supplemental agreement" means any contract modification which is accomplished |
by the mutual action of the parties. |
(24) "Supplies" means all property, including, but not limited to, leases of real property, |
printing, and insurance, except land or permanent interest in land. |
(25) "Using agency" means any state governmental entity which utilizes any supplies, |
services, or construction purchased under this chapter. |
(26) As used in § 37-2-59, "architect" or "engineer" services means those professional |
services within the scope of practice of architecture, professional engineering, or registered land |
surveying pertaining to construction, as defined by the laws of this state. "Consultant" means any |
person with whom the state and/or a public agency has a contract which contract provides for the |
person to give direction or information as regards a particular area of knowledge in which the |
person is a specialist and/or has expertise. |
(27) For purposes of §§ 37-2-62 -- 37-2-70, "directors" means those members of a public |
agency appointed pursuant to a statute who comprise the governing authority of the board, |
commission, authority, and/or corporation. |
(28) "State agency" means any department, commission, council, board, bureau, |
committee, institution, or other governmental entity of the executive or judicial branch of this state |
not otherwise established as a body corporate and politic, and includes, without limitation, the |
council on postsecondary education except for purchases which are funded by restricted, sponsored, |
or auxiliary moneys, the University university of Rhode Island board of trustees for all purchases |
which are funded by restricted, sponsored, or auxiliary monies, and the council on elementary and |
secondary education. |
(29) "Governmental entity" means any department, commission, council, board, bureau, |
committee, institution, legislative body, agency, or government corporation of the executive, |
legislative, or judicial branches of state, federal, and/or local governments. |
(30) "Construction management at-risk" or "construction management at-risk services" or |
"construction management at-risk delivery method" is a construction method wherein a |
construction manager at-risk provides a range of preconstruction services and construction |
management services which may include cost estimation and consultation regarding the design of |
the building project, the preparation and coordination of bid packages, scheduling, cost control, and |
value engineering, acting as the general contractor during the construction, detailing the trade |
contractor scope of work, holding the trade contracts and other contracts, evaluating trade |
contractors and subcontractors, and providing management and construction services, all at a |
guaranteed maximum price, which shall represent the maximum amount to be paid by the using |
agency for the building project, including the cost of work, the general conditions, and the fee |
payable to the construction management at-risk firm. |
(31) "Construction manager at-risk" or "construction management at-risk firm" is a person |
or business experienced in construction that has the ability to evaluate and to implement drawings |
and specifications as they affect time, cost and quality of construction and the ability to coordinate |
and deliver the construction of the project within a guaranteed maximum price, which shall |
represent the maximum amount to be paid by the using agency for the building project, including |
the cost of the work, the general conditions, and the fee payable to the construction management |
at-risk firm. The construction manager at-risk provides consultation services during the |
preconstruction and construction phases of the project. The project engineer, architect, or owner's |
program manager may not serve as the construction manager at-risk. |
(32) "Owner's program manager" shall be an entity engaged to provide project management |
services on behalf of a state agency for the construction and supervision of the construction of a |
building project. The owner's program manager acts as the owner's agent in all aspects of the |
construction project, including, but not limited to, architectural programming, planning, design, |
construction, and the selection and procurement of an appropriate construction delivery method. |
The owner's program manager shall have at least seven (7) years experience in the construction and |
supervision of construction of buildings of similar size and complexity. The owner's program |
manager shall not have been employed during the preceding year by the design firm, the |
construction firm, and/or the subcontractors associated with the project. |
SECTION 13. Section 16-56-6 of the General Laws in Chapter 16-56 entitled |
"Postsecondary Student Financial Assistance" is hereby amended to read as follows: |
16-56-6. Need-based grants. |
(a) Amount of funds allocated. The commissioner of postsecondary education shall allocate |
annually the appropriation for need-based scholarships and grants. Of the total amount appropriated |
for need-based scholarship and grants, the lesser of twenty percent (20%) or two million dollars |
($2,000,000) one million five hundred thousand dollars ($1,500,000) shall be distributed to |
qualified students attending participating, independent, non-profit, higher education institutions in |
Rhode Island. The remainder of funds shall be limited to public higher education institutions in |
Rhode Island including payments made pursuant to § 16-100-3(c). As part of the annual budget |
submission, the office of postsecondary commissioner shall include a plan of how the need-based |
scholarship and grant funds will be allocated to each public institution receiving funds pursuant to |
this chapter and how the funds will be distributed to students attending independent, non-profit |
institutions. |
(b) Eligibility of individuals. Eligibility for need-based grants and scholarships shall be |
determined by the office of the postsecondary commissioner. |
(c) Number and terms of awards. The number of awards to be granted in any one fiscal |
year shall be contingent upon the funds allocated to this section. |
SECTION 14. Section 16-105-7 of the General Laws in Chapter 16-105 entitled "School |
Building Authority" is hereby amended to read as follows: |
16-105-7. Expenses incurred by the school building authority. |
In order to provide for one-time or limited expenses of the school building authority under |
this chapter, the Rhode Island health and educational building corporation shall provide funding |
from the school building authority capital fund, fees generated from the origination of municipal |
bonds and other financing vehicles used for school construction, and its own reserves. The school |
building authority shall, by October 1 of each year, report to the governor and the chairs of the |
senate and house finance committees, the senate fiscal advisor, and the house fiscal advisor the |
amount sought for expenses for the next fiscal year. |
There is also hereby established a restricted-receipt account within the budget of the |
department of elementary and secondary education entitled "school construction services,", to be |
financed by the Rhode Island health and educational building corporation's sub-allotments of fees |
generated from the origination of municipal bonds and other financing vehicles used for school |
construction and its own reserves. Effective July 1, 2018, this account shall be utilized for the |
express purpose of supporting personnel expenditures directly related to the administration of the |
school construction aid program. Expenditure of all restricted receipts accepted by the department |
shall be subject to the annual appropriation process and approval by the general assembly. |
SECTION 15. Section 45-38.2-3 of the General Laws in Chapter 45-38.2 entitled "School |
Building Authority Capital Fund" is hereby amended to read as follows: |
45-38.2-3. Administration. |
(a) The corporation shall have all the powers necessary or incidental to carry out and |
effectuate the purposes and provisions of this chapter including: |
(1) To receive and disburse such funds from the state as may be available for the purpose |
of the fund subject to the provisions of this chapter; |
(2) To make and enter into binding commitments to provide financial assistance to cities, |
towns, and local education agencies from amounts on deposit in the fund; |
(3) To enter into binding commitments to provide subsidy assistance for loans and city, |
town, and local education agency obligations from amounts on deposit in the fund; |
(4) To levy administrative fees on cities, towns, and local education agencies as necessary |
to effectuate the provisions of this chapter; provided that the fee total amount of all such fees does |
not exceed one tenth of one percent (0.001) of the original principal amount; |
(5) To engage the services of third-party vendors to provide professional services; |
(6) To establish one or more accounts within the fund; and |
(7) Such other authority as granted to the corporation under chapter 38.1 of this title. |
(b) Subject to the provisions of this chapter, and to any agreements with the holders of any |
bonds of the corporation or any trustee therefor, amounts held by the corporation for the account |
of the fund shall be applied by the corporation, either by direct expenditure, disbursement, or |
transfer to one or more other funds and accounts held by the corporation or a trustee under a trust |
agreement or trust indenture entered into by the corporation with respect to bonds or notes issued |
by the corporation under this chapter or by a holder of bonds or notes issued by the corporation |
under this chapter, either alone or with other funds of the corporation, to the following purposes: |
(1) To provide financial assistance to cities, towns, and local education agencies to finance |
costs of approved projects, and to refinance the costs of the projects, subject to such terms and |
conditions, if any, as are determined by the department and/or the corporation; |
(2) To fund reserves for bonds of the corporation and to purchase insurance and pay the |
premiums therefor, and pay fees and expenses of letters or lines of credit and costs of |
reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to |
otherwise provide security for, and a source of payment for obligations of the corporation, by |
pledge, lien, assignment, or otherwise as provided in chapter 38.1 of this title; |
(3) To pay or provide for subsidy assistance as determined by the school building authority; |
(4) To provide a reserve for, or to otherwise secure, amounts payable by cities, towns, and |
local education agencies on loans and city, town, and local education agency obligations |
outstanding in the event of default thereof; amounts in any account in the fund may be applied to |
defaults on loans outstanding to the city, town, or local education agency for which the account |
was established and, on a parity basis with all other accounts, to defaults on any loans or city, town, |
or local education agency obligations outstanding; and |
(5) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or |
otherwise as provided in chapter 38.1 of this title, any bonds or notes of the corporation issued |
under this chapter. |
(c) The repayment obligations of the city, town, or local education agency for loans shall |
be in accordance with its eligibility for state aid for school housing as set forth in §§ 16-7-39, 16- |
77.1-5, and 16-105-3(19). |
(d) In addition to other remedies of the corporation under any loan or financing agreement |
or otherwise provided by law, the corporation may also recover from a city, town, or local education |
agency, in an action in superior court, any amount due the corporation together with any other |
actual damages the corporation shall have sustained from the failure or refusal of the city, town, or |
local education agency to make the payments or abide by the terms of the loan or financing |
agreement. |
SECTION 16. Sections 2 through 12 shall take effect upon on February 1, 2020. The |
remaining sections of this article shall take effect upon passage. |