2017 -- H 5873

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LC001793

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO TOWNS AND CITIES -- INTERLOCAL CONTRACTING AND JOINT

ENTERPRISES, AND REGIONAL EMERGENCY COMMUNICATION DISTRICTS

     

     Introduced By: Representatives Phillips, Winfield, McKiernan, Newberry, and Edwards

     Date Introduced: March 08, 2017

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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

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

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read as follows:

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     45-40.1-1. Legislative purpose.

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     It is the purpose of this chapter to permit local governmental units to make the most

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efficient use of their powers by enabling them to cooperate with other localities on a basis of

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mutual advantage, and, thereby, to enter into agreements to provide shared services, activities and

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facilities which any governmental unit is authorized by law to perform and facilities in a manner

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and pursuant to forms of governmental organization that will accord best with geographic,

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economic, population, and other factors influencing the needs and development of local

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communities cities and towns.

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     45-40.1-3. "Public agency" defined.

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     (a) For the purposes of this chapter: ,

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

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

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

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state. ; and

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

 

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     45-40.1-4. Interlocal agreements.

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     (a) Any power or powers, privileges, or authority, exercised or capable of exercise by a

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public agency governmental unit of this state, as defined in §45-40.1-3, may be exercised and

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enjoyed jointly with any other public agency governmental unit or of any other state, or of the

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

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exercise or enjoyment. Any governmental unit or agency of the state government, when acting

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jointly with any public agency other governmental units, may exercise and enjoy all of the

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powers, privileges, and authority conferred by this chapter upon a public agency governmental

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unit.

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

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

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chapter.

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

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governing bodies of the participating public agencies, is necessary before any agreement may

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enter into force.

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     (c) Any agreement shall specify the following:

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

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

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

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may be legally created. ;

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     (3) Its purpose or purposes. ;

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

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maintaining a budget for it. ;

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

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

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termination. ;

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

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

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

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

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

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to all participants; and

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

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

 

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

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(c) (1)- (c) (6) subsections (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

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

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

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

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the joint or cooperative undertaking.

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

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

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

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

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may be offered in satisfaction of the obligation or responsibility.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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allow for budget and operations adjustments by the remaining members.

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

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

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     45-40.1-9. Conflicts with other laws.

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     Notwithstanding any general or special law to the contrary, the provisions of this chapter

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shall supersede any conflicting provisions of a governmental unit's charter, enabling legislation,

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local ordinance, rule or regulation.

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

 

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

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     45-43-2. Membership.

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     Membership of the council consists of three (3) representatives from each city or town

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

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town are as follows: governmental unit shall be appointed to the council by each participating

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governmental unit.

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

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

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

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regular members.

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     45-43-3. Powers.

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     (a) The council has the power to:

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

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

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welfare, education, economic conditions, and regional development;

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

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

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agencies that perform functions within the region.

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

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

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

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

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

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

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

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

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

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

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duties are set forth in the agreement.

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     45-43-5. Staff.

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     The council may employ staff, and consult and retain experts, as it deems necessary. The

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state department of administration may furnish research, secretarial, and stenographic service to a

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council.

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

 

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

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     45-43-2.1. "Governmental units" and "state" defined.

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     (a) For the purposes of this chapter:

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     (1) "Governmental unit" means any city, town, fire district, water district, school district,

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

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town of another state.

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

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

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committee.

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     (a) As used in §§45-43-8 through 45-43-13 inclusive:

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     (1) "Regional emergency communication district" or "RECD" means a cooperative

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regional body of municipalities, as approved and established pursuant to this chapter, that

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operates a facility housing or otherwise supporting a regional emergency communication center,

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as that term is defined herein.

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

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

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

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municipalities comprising such district.

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

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

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

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

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

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

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president of the Rhode Island State Association of Firefighters, or designee; the president of the

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Rhode Island Fraternal Order of Police, or designee; the state director of the International

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Brotherhood of Police Officers, or designee; the commissioner of the department of public safety,

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or designee.

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

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emergency communication district and of constructing and operating a regional emergency

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

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

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

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

 

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

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

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

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

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

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emergency communication district, it shall propose a written district agreement to establish,

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

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personnel, and maintain a regional emergency communication center.

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

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conditions, to achieve the following purposes:

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     (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;

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

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

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

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

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the agreement;

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

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

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budget; and

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

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

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

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

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and its regional emergency communication center.

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

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addressing the following:

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

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approval of the participating municipalities;

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

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members;

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

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

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

 

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

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

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next meeting the record of that action;

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

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

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approved by the district board;

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

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be granted by vote of the committee;

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

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

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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

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

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

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and

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

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

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

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

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affected parties or their legal successors.

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

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

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committee's participating municipalities.

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     45-43-10. Regional emergency communication districts -- Municipal approval.

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     (a) If an RECD planning committee recommends that a regional emergency

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communication district be established, the governing body of each member municipality shall

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vote on whether to accept the proposed district agreement. For each governing body, the question

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to be voted on shall be: "Shall the municipality accept the provisions of §§45-43-8 through 45-

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43-13, inclusive, providing for the establishment of a regional emergency communication district,

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together with the cities of _____________ and the towns of _______________, and the

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construction or siting, administration, operation and maintenance of a regional emergency

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communication center by the district in accordance with the provisions of the proposed district

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agreement filed with the municipality's governing body?"

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

 

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

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

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     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

***

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     This act would amend existing provisions of chapter 40.1 of title 45 pertaining to

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interlocal contracting and joint enterprises to permit municipal and governmental units of this

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

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

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

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This act would also adopt new provisions of chapter 43 of title 45 pertaining to regional councils

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of local government to authorize two (2) or more municipalities to form regional emergency

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

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

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

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

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

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a written district agreement adopted by the member municipalities.

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     This act would take effect upon passage.

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