2015 -- H 5004

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LC000037

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

VALIDATING AND RATIFYING AMENDMENTS TO THE CHARTER OF THE TOWN OF

NORTH SMITHFIELD

     Introduced By: Representative Brian C. Newberry

     Date Introduced: January 08, 2015

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. In all respects in which the amendments to the home rule charter of the

Town of North Smithfield, which amendments were adopted and approved by the electors of the

Town of North Smithfield on November 4, 2014, may require ratification, confirmation,

validation, or enactment by the General Assembly, but in no other respects, the provisions of said

amendments to the home rule charter of the Town of North Smithfield are hereby ratified,

confirmed, validated, and enacted. It is the express intention of the General Assembly, by the

passage of this act, to give effect to, ratify, confirm, validate, and enact those provisions of the

said amendments to the home rule charter of the Town of North Smithfield that require

ratification, confirmation, validation, or enactment and, by the passage of this act, the legislature

does hereby ratify, confirm, validate, and enact said provisions. Nothing in this act shall be

construed to abrogate or impair the powers now or hereafter granted to towns by the home rule

amendment and other applicable laws of the state of Rhode Island or those rights retained by said

Town of North Smithfield in its home rule charter.

     SECTION 2. If any provision of this act, or the application thereof, to the Town of North

Smithfield or to any person or circumstances, is deemed invalid for any reason, the remainder of

this act, or the application of such provision, to aid town or other persons or circumstances, shall

not be affected thereby and, to this end, the provisions of this act are declared to be severable.

     SECTION 3. Section 16-2-5 of the General Laws in Chapter 16-2 entitled "School

Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of

Education Act]" is hereby amended to read as follows:

     16-2-5. Composition of city or town school committees -- Election and terms of

members -- Vacancies. -- The school committee of each city or town shall consist of three (3)

residents of the city or town, or of any number as at the present time constitute the committee. In

cities or towns having annual elections of city or town officers the committee shall be divided as

equally as may be into three (3) classes whose several terms of office shall expire at the end of

three (3) years from the dates of their respective elections. In cities or towns having biennial

elections the committee shall be divided as equally as may be into two (2) classes whose several

terms of office shall expire at the end of four (4) years from the dates of their respective elections.

As the office of each class shall become vacant, the vacancy or vacancies shall be filled by the

city or town at its regular city or town meeting for the election of state or city or town officers, or

by the city or town council at its next meeting after this. In case of a vacancy by death,

resignation, or otherwise than as is provided in this section, the vacancy shall be filled by the city

or town council until the next regular city or town meeting for the election of state or city or town

officers, when it shall be filled for the unexpired term as is provided in this section. This section

shall not apply to the cities of Providence, Central Falls, or Woonsocket, or the Town of North

Smithfield.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

VALIDATING AND RATIFYING AMENDMENTS TO THE CHARTER OF THE TOWN OF

NORTH SMITHFIELD

***

     This act would ratify the 2014 amendment to the North Smithfield town charter and

would provide for the town charter's amendment to be applicable to state law relative to school

committee composition, election and terms of members.

     This act would take effect upon passage.

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