2012 -- H 7971

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LC02221

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES -- INDEBTEDNESS OF TOWNS AND CITIES

     

     

     Introduced By: Representatives Reilly, Newberry, Morgan, Ehrhardt, and Trillo

     Date Introduced: March 20, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-12-22.7 of the General Laws in Chapter 45-12 entitled

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"Indebtedness of Towns and Cities" is hereby amended to read as follows:

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     45-12-22.7. Enforcement and remedies. -- In the event that a municipality does not

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comply with the requirements of this law the state auditor general or the division of municipal

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finance through the director of revenue may elect any or all of the following remedies:

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      (1) Petition the superior court for mandatory injunctive relief seeking compliance with

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the provisions of this section. The superior court shall make a finding of fact as to whether there

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has been compliance with the provisions of this section. As herein before stated, the approval or

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disapproval of a plan shall be conclusive upon the court in making its finding as to compliance.

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      (2) In the event a municipality fails to provide a year-end deficit elimination plan under

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section 45-12-22.3, such noncompliance shall allow for the implementation of a budget review

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commission pursuant to section 45-9-5, and such municipality shall immediately employ the

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budgetary process known as “zero-based” budgeting with respect to all of its departments

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including, but not limited to, the budget process employed by any school committee.

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      (3) Withholding of state aid. In the event that the state director of revenue with the

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concurrence of the auditor general elect to withhold state aid, said amounts shall be placed in a

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special account within the general fund. At such time the municipality comes into compliance

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with the reporting requirements of this section, said funds shall be released to the municipality by

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order of the state director of revenue and state auditor general.

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     SECTION 2. This act shall take effect upon passage.

     

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LC02221

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- INDEBTEDNESS OF TOWNS AND CITIES

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     This act would provide that, in the event a municipality fails to provide a year-end deficit

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elimination plan when required by statute, such municipality shall immediately employ the

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budgetary process known as “zero-based” budgeting with respect to all of its departments

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including, but not limited to, the budget process employed by any school committee.

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     This act would take effect upon passage.

     

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LC02221

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H7971