2016 -- S 2807

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LC005459

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO TOWNS AND CITIES -- INTERLOCAL CONTRACTING AND JOINT

ENTERPRISES, AND REGIONAL EMERGENCY COMMUNICATION DISTRICTS

     Introduced By: Senators DiPalma, Archambault, Nesselbush, Lombardo, and

     Date Introduced: March 23, 2016

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 45-40.1-1, 45-40.1-3 and 45-40.1-4 of the General Laws in

Chapter 45-40.1 entitled "Interlocal Contracting and Joint Enterprises" are hereby amended to

read as follows:

     45-40.1-1. Legislative purpose. -- It is the purpose of this chapter to permit local

governmental units to make the most efficient use of their powers by enabling them to cooperate

with other localities on a basis of mutual advantage, and, thereby, to enter into agreements to

provide shared services, activities and facilities which any governmental unit is authorized by law

to perform and facilities in a manner and pursuant to forms of governmental organization that will

accord best with geographic, economic, population, and other factors influencing the needs and

development of local communities cities and towns.

     45-40.1-3. "Public agency" defined "Governmental units" and "state" defined. -- (a)

For the purposes of this chapter, :

     (1) The the term "public agency" "governmental unit" means any political subdivision of

this state, town, fire district, water district, school district, and taxing authority and any agency of

the state government or of the United States, and any political subdivision city or town of another

state. ; and

      (b)(2) The term "state" means a state of the United States.

     45-40.1-4. Interlocal agreements. -- (a) Any power or powers, privileges, or authority,

exercised or capable of exercise by a public agency governmental unit of this state, as defined in

§45-40.1-3, may be exercised and enjoyed jointly with any other public agency governmental unit

or of any other state, or of the United States, and to the extent that laws of the other state or of the

United States permit the joint exercise or enjoyment. Any governmental unit or agency of the

state government, when acting jointly with any public agency other governmental units, may

exercise and enjoy all of the powers, privileges, and authority conferred by this chapter upon a

public agency governmental unit.

      (b) (1) Any two (2) or more public agencies governmental units may enter into

agreements with one another for joint or cooperative action pursuant to the provisions of this

chapter.

      (2) Appropriate action by ordinance, resolution, or otherwise, pursuant to law of the

governing bodies of the participating public agencies governmental units, is necessary before any

agreement may enter into force.

      (c) Any agreement shall specify the following:

      (1) Its duration. , not to exceed ten (10) years;

      (2) The precise organization, composition, and nature of any separate legal or

administrative entity created by it, together with the powers delegated to it, provided the entity

may be legally created. ;

      (3) Its purpose or purposes. ;

      (4) The manner of financing the joint or cooperative undertaking, and of establishing and

maintaining a budget for it. ;

      (5) The permissible method or methods to be employed in accomplishing the partial or

complete termination of the agreement and for disposing of property upon partial or complete

termination. ;

     (6) Provide sufficient financial safeguards for all participants, including, but not limited

to: accurate and comprehensive records of services performed, costs incurred, and

reimbursements and contributions received; the performance of regular audits of such records;

and provisions for officers responsible for the agreement to give appropriate fidelity bonds or

insurance coverage. The agreement shall also require that periodic financial statements be issued

to all participants; and

      (6)(7) Any other necessary and proper matters.

      (d) In the event that the agreement does not establish a separate legal entity to conduct

the joint or cooperative undertaking, the agreement shall, pursuant to the requirements of

subsections (c) (1)- (c) (6) §§(c)(1) through (c)(7) of this section, contain provisions for:

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      (1) An administrator or a joint board responsible for administering the joint or

cooperative undertaking. In the case of a joint board, all public agencies governmental units that

are a party to the agreement shall be represented. ; and

      (2) The manner of acquiring, holding, and disposing of real and personal property used

in the joint or cooperative undertaking.

      (e) No agreement made pursuant to this chapter relieves any public agency governmental

unit of any obligation or responsibility imposed upon it by law, except that with respect to the

actual and timely performance of it an obligation or responsibility of by a joint board or other

legal or administrative entity created by an agreement made under this chapter, the performance

may be offered in satisfaction of the obligation or responsibility.

      (f) Every agreement made under this chapter between a governmental unit of the state of

Rhode Island and a governmental unit of any other state or of the United States shall, prior to and

as a condition precedent to its entry into force, be submitted to the attorney general who shall

determine whether the agreement is in proper form and in compliance with the laws of this state.

The attorney general shall approve any agreement submitted to him or her unless he or she finds

that it does not meet the conditions established by this chapter, and shall state, in writing,

addressed to the governing bodies of the governmental units, state agencies or public agencies of

other states concerned, the specific respects in which the proposed agreement fails to meet the

requirements of law. Failure of the attorney general to disapprove an agreement submitted under

this chapter within fifteen (15) days of its submission constitutes approval of the agreement.

Every agreement entered into between two (2) or more governmental units, not inclusive of any

agency of the state or public agency of any other state or of the United States, shall be submitted

to the city or town council or other governing body for approval. The termination of an agreement

made pursuant to this chapter shall require one year's notice of withdrawal by any member to

allow for budget and operations adjustments by the remaining members.

     SECTION 2. Chapter 45-40.1 of the General Laws entitled "Interlocal Contracting and

Joint Enterprises" is hereby amended by adding thereto the following section:

     45-40.1-9. Conflicts with other laws. -- Notwithstanding any general or special law to

the contrary, the provisions of this chapter shall supersede any conflicting provisions of a

governmental unit's charter, enabling legislation, local ordinance, rule or regulation.

     SECTION 3. Sections 45-43-2, 45-43-3 and 45-43-5 of the General Laws in Chapter 45-

43 entitled "Regional Councils of Local Government" are hereby amended to read as follows:

     45-43-2. Membership. -- Membership of the council consists of three (3) representatives

from each city or town governmental unit entering into the agreement. The three (3) regular

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members from each city and town are as follows: governmental unit shall be appointed to the

council by each participating governmental unit.

      (1) The chief executive or administrative head of the city or town.

      (2) The council president or designee of the city or town.

      (3) A third elected or appointed official in the city or town designated by the first two (2)

regular members.

     45-43-3. Powers. -- (a) The council has the power to:

      (1) Study area governmental problems common to two (2) or more members of the

council as it deems appropriate, including, but not limited to, matters affecting health, safety,

welfare, education, economic conditions, and regional development;

      (2) Promote cooperative arrangements and coordinate action among its members; and

      (3) Make recommendations for review and action to the members and other public

agencies that perform functions within the region.

      (b) The council may, by appropriate action of the governing bodies of the member

governments, exercise other powers that are exercised or capable of exercise by the member

governments and necessary or desirable for dealing with problems of mutual concern; provided,

that the exercise of power for the creation, construction, or operation of new regional solid waste

disposal facilities is contingent upon the approval of the solid waste management corporation.

governmental units, enter into an agreement not to exceed ten (10) years to perform any service,

activity or undertaking which any member governmental unit is authorized by law to perform.

For the term of such agreement and subject to the terms thereof, said council shall be authorized

to perform such service, activity or undertaking, and said council may designate a committee of

its members to oversee such performance, provided such committee membership, functions and

duties are set forth in the agreement.

     45-43-5. Staff. -- The council may employ staff, and consult and retain experts, as it

deems necessary. The state department of administration may furnish research, secretarial, and

stenographic service to a council.

     SECTION 4. Chapter 45-43 of the General Laws entitled "Regional Councils of Local

Government" is hereby amended by adding thereto the following sections:

     45-43-2.1. "Governmental units" and "state" defined. -- (a) For the purposes of this

chapter:

     (1) The term "governmental unit" means any city, town, fire district, water district, school

district, and taxing authority, and any agency of state government or of the United States, and any

city or town of another state.

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     (2) The term "state" means a state of the United States.

     45-43-8. Regional emergency communication districts -- Definitions and planning

committee. -- (a) As used in §§45-43-8 through 45-43-13 inclusive: (1) The term "regional

emergency communication district" or "RECD" means a cooperative regional body of

municipalities, as approved and established pursuant to this chapter, that operates a facility

housing or otherwise supporting a regional emergency communication center, as that term is

defined herein.

     (2) "Regional emergency communication center" means a facility operated by or on

behalf of a regional emergency communication district approved and established pursuant to this

chapter to provide for the regional dispatch and coordination of emergency services for the

municipalities comprising such district.

     (b) Two (2) or more municipalities (each sometimes referred to hereinafter as a

"participating" or "member municipality"), by approval of the governing body in each

municipality, may authorize the establishment of a regional emergency communication district

(RECD) planning committee consisting of three (3) unpaid representatives of each municipality,

who shall be appointed by the chief executive or administrative head in each participating

municipality and approved by a vote of the governing body in each participating municipality.

     (c) The RECD planning committee shall study the feasibility of establishing a regional

emergency communication district and of constructing and operating a regional emergency

communication center, and shall propose the district's organization, governance and structure, as

well as the operation, location, estimate of construction or siting and operating costs,

maintenance, and methods of financing the center. Each municipality comprising the RECD

planning committee may appropriate sums to compensate the committee's expenses. The RECD

planning committee may expend any sums so appropriated and may employ any expert assistance

as it deems necessary. The RECD planning committee may apply for, accept and expend, without

appropriation, grants or gifts of funds from the federal or state government or any other source.

     45-43-9. Regional emergency communication districts -- Written district agreement.

-- (a) If the RECD planning committee recommends the establishment of a regional emergency

communication district, it shall propose a written district agreement to establish, organize and

govern the district, and to construct or site, equip, administer, operate, employ personnel, and

maintain a regional emergency communication center.

     (b) The proposed district agreement shall include, but not be limited to, terms and

conditions, to achieve the following purposes:

     (1) Provide for the district's conditions of membership and financial terms, identifying

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construction or siting, and operating costs of the center;

     (2) Establish a regional emergency communication district board (the "board") to oversee

the construction or siting, administration, operation and financing of the center, and provide said

board with the powers, duties and liabilities of a regional emergency communication district,

which powers shall be vested in and exercised by the district board established in accordance with

the agreement;

     (3) Establish any subcommittees, including a finance advisory committee, necessary for

the administration of the district and for the preparation and adoption of an annual operating

budget; and

     (4) Establish a procedure to invite and include additional municipalities into the district,

to determine a process to amend the district agreement, to identify the terms and procedure by

which a municipality may withdraw from the district, and to include any additional provisions the

RECD planning committee deems necessary for the administration and operation of the district

and its regional emergency communication center.

     (c) A proposed district agreement shall include, but need not be limited to, provisions

addressing the following:

     (1) The term of the agreement, not to exceed ten (10) years, which may be renewed by

approval of the participating municipalities;

     (2) The number, selection process and length of terms of office of the district board

members;

     (3) The procedure for selection of a chair by ballot from the district board's membership;

     (4) The appointment by the district board of a district secretary and treasurer, who may be

the same person, and the designation, if any, of one or more of its members to approve payrolls or

bills for salary or compensation of district board members or employees; provided, however, that

the member or members approving such payroll or bill shall make available to the board at its

next meeting the record of that action;

     (5) The powers and duties of the treasurer, including the power to receive and take charge

of all money belonging to the district and to pay any bill of the district which shall have been

approved by the district board;

     (6) The compensation of the treasurer for services rendered in the course of duty as may

be granted by vote of the committee;

     (7) The approval of fiscal matters by a finance advisory subcommittee, including

approval of an annual operating budget as described in §45-43-12; provided that the finance

advisory subcommittee shall consist of the chief executive (or administrative head) or chief

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financial officer of member municipalities, as designated by each municipality's chief executive

or administrative head; and provided, further, that no member of the finance advisory

subcommittee shall also serve on any other board or subcommittee established under this chapter;

and

     (8) The recognition of labor contracts that will cover district employees and/or existing

municipal employees to be affected by the creation of the district, the provisions of such

contracts, including wages, benefits, and other terms and conditions of employment thereunder, to

continue in full force and effect until their termination dates or until otherwise agreed by the

affected parties or their legal successors.

     (d) The RECD planning committee shall forward a report of its findings,

recommendations and proposed district agreement, if any, to the governing body of each of the

committee's participating municipalities.

     45-43-10. Regional emergency communication districts -- Municipal approval. -- (a)

If an RECD planning committee recommends that a regional emergency communication district

be established, the governing body of each member municipality shall vote on whether to accept

the proposed district agreement. For each governing body, the question to be voted on shall be:

"Shall the municipality accept the provisions of §§45-43-8 through 45-43-13, inclusive, providing

for the establishment of a regional emergency communication district, together with the cities of

_____________ and the towns of _______________, and the construction or siting,

administration, operation and maintenance of a regional emergency communication center by the

district in accordance with the provisions of the proposed district agreement filed with the

municipality's governing body?"

     (b) If a majority of the members of all the proposed municipalities' governing bodies

voting on the question vote in the affirmative, the proposed regional emergency communication

district shall be established in accordance with the terms of the proposed district agreement.

     45-43-11. Regional emergency communication districts -- Powers; Exemption from

taxation. -- (a) A regional emergency communication district established under this chapter shall

be a public employer and body politic and corporate with the power to:

     (1) Adopt a name and a corporate seal;

     (2) Construct or site, equip, administer, operate and maintain a regional emergency

communication center for the benefit of the district's member municipalities;

     (3) Purchase or lease land or building space for the center;

     (4) Employ an executive director, who shall possess the education, training and

experience to perform the duties required of the position; employ such other employees as the

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board deems necessary to operate the center; and establish the duties, compensation, benefits and

other terms and conditions of employment of additional personnel, in accordance with any

collective bargaining agreements covering employees performing such duties;

     (5) Adopt an annual operating budget that shall be approved by the finance advisory

subcommittee and the board;

     (6) Enter into any contracts and agreements necessary for the exercise of the district's

powers and functions, which contracts and agreements may have a term of up to ten (10) years,

including contracts and agreements to lease or purchase equipment, buildings, supplies, materials

and services; provided, that the district may enter into contracts and agreements for emergency

services with non-member municipalities and governmental bodies and other persons or entities;

     (7) Incur debt in an amount that the district board determines to be necessary to lease or

acquire land, buildings and equipment to site, construct, and maintain a regional emergency

communication center, as follows:

     (i) Written notice of the amount of the debt and of the general purposes for which it

would be authorized shall first be given by the district board to the finance advisory

subcommittee for approval, which shall require a majority vote;

     (ii) The finance advisory subcommittee shall vote on the proposed debt within fourteen

(14) days of receiving notice from the district board;

     (iii) If the finance advisory subcommittee approves the debt, the debt may be authorized

by the district board, and written notice of the amount of the debt and of its general purposes shall

be given to the city or town council of each member municipality not later than seven (7) days

after the date on which the debt was authorized by the district board;

     (iv) No debt shall be incurred under this subsection until the expiration of sixty (60) days

from the date the debt was authorized by the district board. If, prior to the expiration period, the

city or town council of any member municipality votes to disapprove the amount authorized by

the district board, the debt shall not be incurred;

     (v) All debt incurred and approved in accordance with this subsection shall be repaid in

accordance with the terms of any instruments evidencing such debt from sums appropriated

therefor in the district budgets adopted annually in accordance with §45-43-12; and

     (vi) Any debt incurred pursuant to this subsection shall not be subject to the limitation on

indebtedness prescribed in §45-12-2;

     (8) Issue from time to time bonds and notes in the name of the district as follows:

     (i) The district may issue its negotiable bonds and notes in one or more series in any

principal amounts as in the opinion of the district board shall be necessary to provide sufficient

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funds for achieving the purposes of the district and for the making of all other expenditures of the

district incident to and necessary or convenient to carrying out its corporate purposes and powers;

     (ii) All bonds and notes issued by the district may be secured by the full faith and credit

of the district or may be payable solely out of the revenues and receipts derived from

appropriations from the participating municipalities in the district, all as may be designated in the

proceedings of the district board under which the bonds or notes shall be authorized to be issued.

The bonds or notes may be executed and delivered by the district at any time from time to time,

and may be in registered form, as the district board may determine; provided, however, that

written notice of the amount of the bonds or notes and of the general purposes for which they

would be authorized shall be provided to the finance advisory subcommittee for approval, which

shall require a majority vote; provided, further, that if the finance advisory subcommittee votes to

approve the bonds or notes, the bonds or notes shall be signed by the chairperson and the

treasurer of the district board; and provided further, that the board chairperson shall have also

signed same by a writing bearing the chairperson's written signature and filed in the office of the

district treasurer which writing shall be open to public inspection;

     (iii) Bonds may be issued in the form of serial bonds or term bonds or a combination

thereof and shall be payable in annual installments of principal, the first installment to be not later

than five (5) years and the last installment to be not later than twenty-five (25) years from their

date, as shall be determined by the district board;

     (iv) Notes and any renewals may be payable in any installments and at any times not

exceeding ten (10) years from the date of the original issue of the notes, as shall be determined by

the district board;

     (v) Bonds and notes may be payable at any places, whether within or without the state,

may bear interest at any rate or rates payable at any time or times and at any place or places and

evidenced in any manner, and may contain any provisions not inconsistent with this section, as

shall be authorized in the proceedings of the district board under which they shall be authorized to

be issued;

     (vi) There may be retained, by provision made in the proceedings under which any bonds

or notes of the district are authorized to be issued, an option to redeem all or any part of these

bonds or notes, at any prices and upon any notice, and on any further terms and conditions as

shall be set forth on the record of the proceedings of the district board and on the face of the

bonds or notes;

     (vii) Any bonds or notes of the district may be sold from time to time at those prices, at

public or private sale, and in any manner as shall be determined by the district board, and the

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district shall pay all expenses, premiums, and commissions that the district board shall deem

necessary or advantageous in connection with the issuance and sale of these bonds and notes;

     (viii) Monies of the district, including proceeds from the sale of bonds or notes, and

revenues, receipts and income from any of its projects, may be invested and reinvested in any

obligations, securities, and other investments consistent with this section as shall be specified in

the resolutions or other proceeds of the district board under which the bonds or notes are

authorized;

     (ix) Issuance by the district of one or more series of bonds or notes for one or more

purposes shall not preclude it from issuing other bonds or notes in connection with the same

project or any other project, but the proceedings whereunder any subsequent bonds or notes may

be issued shall recognize and protect a prior pledge, mortgage, or lien made for a prior issue of

bonds or notes unless in the proceedings authorizing that prior issue the right is reserved to issue

subsequent bonds or notes on a parity with that prior issue;

     (x) The district is authorized to issue bonds or notes for the purpose of refunding its

bonds or notes then outstanding, including the payment of any redemption premium and any

interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or

maturity of the bonds or notes, and, if deemed advisable by the district board, for the additional

purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating,

or improving the regional emergency district center or any other project of the district. The

proceeds of bonds or notes issued for the purpose of refunding outstanding bonds or notes may be

applied, in the discretion of the district board, to the purchase, retirement at maturity, or

redemption of the outstanding bonds or notes either on their earliest or a subsequent redemption

date, and may, pending that application, be placed in escrow. Those escrowed proceeds may be

invested and reinvested in obligations of or guaranteed by the United States, or in certificates of

deposit or time deposits secured or guaranteed by the state or the United States, or an

instrumentality of either, maturing at any time or times as shall be appropriate to ensure the

prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding

bonds or notes to be so refunded. The interest, income and profits, if any, earned or realized on

the investment may also be applied to the payment of the outstanding bonds or notes to be so

refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of

the proceeds and interest, income and profits, if any, earned or realized on the investments may

be returned to the district for use by it in furtherance of its purposes. The portion of the proceeds

of bonds or notes issued for the additional purpose of paying all or part of the cost of acquiring,

constructing, reconstructing, rehabilitating, developing, or improving any project may be invested

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and reinvested in any obligations, securities, and other investments consistent with this section as

shall be specified in the resolutions under which those bonds or notes are authorized and which

shall mature not later than the times when those proceeds will be needed for those purposes. The

interest, income and profits, if any, earned or realized on those investments may be applied to the

payment of all parts of the costs, or may be used by the district board otherwise in furtherance of

its purposes. All bonds or notes shall be issued and secured and shall be subject to the provisions

of this chapter;

     (xi) The board members, the executive director of the district board, and other persons

executing bonds or notes shall not be subject to personal liability or accountability by reason of

the issuance of these bonds and notes;

     (xii) Bonds or notes may be issued under the provisions of this chapter without obtaining

the consent of any department, division, commission, board, body, bureau, or agency of the state,

and without any other proceedings or the happening of any conditions or things other than those

proceedings, conditions, or things which are specifically required by this chapter and by the

provisions of the resolution or other proceedings of the district board authorizing the issuance of

bonds or notes or the trust agreement securing them;

     (xiii) The principal of and interest on any bonds or notes issued by the district may be

secured by a pledge of any revenues and receipts of the district and may be secured by a mortgage

or other instrument covering all or any part of regional emergency communication center to be

constructed under this chapter, or one or more other projects of the district, if any, including all or

part of any additions, improvements, extensions to, or enlargements of projects thereafter made;

     (xiv) Each pledge, agreement, mortgage, or other instrument made for the benefit or

security of any of the bonds or notes of the district shall be valid and binding from the time the

pledge is made and shall continue in effect until the principal of and interest on the bonds or notes

for the benefit of which the pledge was made has been fully paid, or until provision has been

made for the payment in the manner provided in the resolutions or other proceedings of the

district board under which those bonds or notes were authorized. The revenues, monies, or

property pledged by the district shall immediately be subject to the lien of that pledge without any

physical delivery thereof or further act, and the lien of the pledge shall be valid and binding as

against all parties having claims of any kind in tort, contract, or otherwise against the corporation,

irrespective of whether the parties have notice thereof. Neither the resolution nor any other

instrument by which a pledge is created need be recorded;

     (xv) All bonds, notes, and temporary notes issued under this chapter shall be obligatory

on the district in the same manner and to the same extent as such debts are obligatory under the

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laws of this state on municipalities of this state, and debt evidenced by said bonds or notes shall

not be construed at any time to form a part of the debt of any individual municipality which is a

member of the district for the purpose of ascertaining the borrowing capacity of such

municipality, nor shall said debt contracted by the district under such bonds or notes in any way

apply to the operation of §45-12-2, in respect to any participating municipality. The district board

shall annually appropriate a sum in the budget adopted annually under §45-43-12 sufficient to pay

the principal and interest on any bonds and notes until the bonds and notes and the interest

thereon are paid in full;

     (xvi) Any bonds or notes issued under the provisions of this chapter, and coupons on any

bonds, if properly executed by the chairperson and treasurer of the district board, shall be valid

and binding in accordance with their terms, notwithstanding that before the delivery thereof and

payment therefor any or all of such officers shall have, for any reason, ceased to hold office; and

     (xvii) Notwithstanding the foregoing provisions of this chapter, no bonds or notes shall

be issued in excess of amounts approved from time to time by vote of all of the governing bodies

of the participating municipalities;

     (9) Incur short-term debt or borrow temporarily in anticipation of revenue to be received

from member municipalities in any fiscal year, by the issuance of temporary notes of the district,

in an amount which, together with any money borrowed in anticipation of funds due the district in

any prior fiscal year which may remain unpaid, shall not exceed the total amounts due from the

member municipalities during the then current fiscal year. Notes issued under the authority of this

subsection shall be made and payable not later than one year from their date, but may be renewed

or paid by the issue of new notes so renewed or paid. Said notes shall be signed by the

chairperson and treasurer of the district board, and may not be sold at less than par, and shall bear

interest at such rates or may be sold at discount as may be determined by the district board, the

discount to be treated as interest paid in advance; and

     (10) Receive and disburse funds for any district purpose, assess member municipalities

for any district expenses and debt service, apply for and receive any grants or gifts for the district

purposes, engage legal counsel, and submit an annual report to each member municipality, which

report shall contain a detailed financial statement and a statement showing the method by which

the annual charges assessed against each municipality were computed.

     (b) The exercise of the powers granted by this chapter will be in all respects for the

benefit of the people residing within the district, the increase of their welfare and prosperity, and

for the improvement of their health and living conditions, and will constitute the performance of

an essential governmental function, and the district shall not be required to pay any taxes or

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assessments upon or in respect to the construction or operation of the center, or of any project or

property or monies of the district levied by any municipality or political subdivision of the state.

The corporation shall not be required to pay state taxes of any kind, and the district, its projects,

property, and monies and any bonds or notes issued under the provisions of this chapter, and the

income (including gain from sale or exchange) from these shall at all times be free from taxation

of every kind by the state and by the municipalities and all political subdivisions of the state. The

district shall not be required to pay any transfer tax of any kind on account of instruments

recorded by it or on its behalf.

     45-43-12. Regional emergency communication districts -- Budget. -- The board shall

annually determine the necessary amounts to maintain and operate the center during the ensuing

fiscal year and the amounts required to pay any debt and interest incurred by the district. The

board shall apportion the amount so determined among the member municipalities in accordance

with the terms of the district agreement. The amounts apportioned for each member municipality

shall be certified by the district treasurer to the chief executives or administrative heads,

assessors, and treasurers of the participating municipalities not later than February 1 annually,

and the amounts so certified shall be appropriated and paid to the district treasurer at the times

specified in the district agreement.

     45-43-13. Regional emergency communication districts -- Records. -- The board shall

maintain accurate and comprehensive records of services performed, costs incurred and

reimbursements and contributions received. The board shall issue quarterly and annual financial

statements to all member municipalities and to the finance advisory subcommittee. The annual

report shall include the district's maintenance and operating budget, including the amounts

assessed to each member municipality, and any debt and interest incurred by the district. The

board shall perform regular audits of the accounts of the records of the district. Upon the

completion of each audit, the board shall forward a copy of the audit to the local chief executive

or administrative head and to the chairperson of the governing body of each member

municipality, and to the finance advisory subcommittee.

     45-43-14. Conflicts with other laws. -- Notwithstanding any general or special law to

the contrary, the provisions of this chapter shall supersede any conflicting provisions of a

participating municipality's charter, enabling legislation, local ordinance, rule or regulation.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- INTERLOCAL CONTRACTING AND JOINT

ENTERPRISES, AND REGIONAL EMERGENCY COMMUNICATION DISTRICTS

***

     This act would amend existing provisions of Chapter 45-40.1 pertaining to Interlocal

Contracting and Joint Enterprises to permit municipal and governmental units of this state,

including cities, towns, fire districts, water districts, school districts, and taxing authorities, to

contract with governmental units of this or other states with respect to matters which they are

authorized by law to perform, on the terms and conditions set forth in said Chapter, as amended.

This act would also adopt new provisions of chapter 45-43 pertaining to Regional Councils of

Local Government to authorize two or more municipalities to form regional emergency

communication districts for the purpose of operating facilities housing a regional emergency

communication center to provide for the regional dispatch and coordination of emergency

services for the municipalities comprising such district, if the member municipalities approve

such districts in accordance with the provisions of the chapter, such districts to be established,

organized and governed, and such centers to be constructed, operated and maintained, pursuant to

a written district agreement adopted by the member municipalities.

     This act would take effect upon passage.

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