2017 -- S 0654

========

LC001792

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO TOWNS AND CITIES -- INTERLOCAL CONTRACTING AND JOINT

ENTERPRISES, AND REGIONAL EMERGENCY COMMUNICATION DISTRICTS

     Introduced By: Senators DiPalma, Doyle, Archambault, Nesselbush, and Seveney

     Date Introduced: March 29, 2017

     Referred To: Senate Housing & Municipal Government

     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.

     (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, 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

LC001792 - Page 2 of 9

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

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

     (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-

LC001792 - Page 3 of 9

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 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

LC001792 - Page 4 of 9

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) "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.

     (2) "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) "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, the

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

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

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

or designee.

     (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

LC001792 - Page 5 of 9

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

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

LC001792 - Page 6 of 9

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

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

LC001792 - Page 7 of 9

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.

     SECTION 5. This act shall take effect upon passage.

========

LC001792

========

LC001792 - Page 8 of 9

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 40.1 of title 45 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 43 of title 45 pertaining to regional councils

of local government to authorize two (2) 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.

========

LC001792

========

LC001792 - Page 9 of 9