2020 -- S 2864

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LC005396

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO TOWNS AND CITIES - GENERAL POWERS

     

     Introduced By: Senator William J. Conley

     Date Introduced: June 12, 2020

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-2-3.2 of the General Laws in Chapter 45-2 entitled "General

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Powers" is hereby amended to read as follows:

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     45-2-3.2. Availability of funds upon failure of city or town to approve annual

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appropriation.

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     (a) Unless otherwise provided by a city or town charter, in an emergency caused by a failure

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of a city or town to approve an annual appropriation measure, the same amounts appropriated in

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the previous fiscal year shall be available for each department and division thereof, subject to

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monthly or quarterly allotments, in accordance with seasonal requirements, as determined by the

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city or town's chief financial officer: provided, that expenditures for payment of bonded

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indebtedness of the city or town and interest thereon shall be in such amounts as may be required,

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regardless of whether or not an annual appropriation ordinance is enacted by the city or town

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council.

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     (b) Whenever a state and local emergency is declared pursuant to §§ 30-15-9 and 30-15-

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12(b) that prevents a city, town or fire district from approving an annual appropriation measure and

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tax levy to fund such appropriation in accordance with their city, town, or fire district charter, the

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city, town or fire district, notwithstanding any city, town, or fire district charter provision to the

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contrary, may adopt an annual appropriation and tax levy or take any other action normally required

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at a financial town meeting or financial town referendum, by the governing body of the city or town

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through passage of a resolution or ordinance in the following manner:

 

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     (1) By continuing the city, town or fire district's prior annual fiscal year appropriation

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measure and aggregate tax levy not exceeding the total levy of the prior fiscal year to support such

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annual appropriation; provided, that the appropriation and levy shall not extend beyond a city, town,

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or fire district's fiscal year as defined by the city, town, or district charter;

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     (i) Any partial levy adopted for a period of less than one fiscal year shall be credited against

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the final levy adopted by the city, town, or fire district in accordance with this section or the

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provisions as set forth in the city, town, or fire district charter.

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     (ii) If a city or town has conducted a revaluation of property pursuant to § 44-5-11.6, the

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city or town may use the property values of the most recent revaluation; provided, that the aggregate

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tax levy does not exceed the total levy of the prior fiscal year.

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     (2) By the adoption and passage of a new annual appropriation and tax levy by the city,

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town, or fire district's governing body; provided, that levy shall be subject to all of the provisions

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of § 44-5-2.

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     (c) Prior to the adoption of any appropriation or levy pursuant to sections (b)(1) or (b)(2)

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of this section or conducting any business normally taken at a financial town meeting or financial

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town referendum, the governing body of the city, town, or fire district shall conduct a public hearing

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on the proposal or business to be considered. The public hearing may be conducted in any manner,

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including electronically or virtually, that enables public comment and participation. Notice of the

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public hearing shall be given by publication of a display advertisement in a newspaper of general

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circulation in the city, town or fire district and by posting of the notice on the website if available,

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of the municipality or fire district at least ten (10) days before the date of the public hearing. The

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notice shall state the date and time of the public hearing and the methods of means of participation

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whether in person, virtually, and/or by submission of written comments.

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     (d) The chief executive officer of a city, town, or fire district shall have the power to, by

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executive order, extend, move, or continue any and all budget adoption procedures, including the

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date of any financial town meeting or financial town referendum, as set forth in any city, town or

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fire district charter, until such time as the declared state or municipal emergency is lifted or expires.

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     (e) Any tax levy adopted pursuant to sections (b)(1) or (b)(2) of this section shall be subject

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to all of the provisions of chapter 35 of title 44.

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     SECTION 2. Section 45-3-4 of the General Laws in Chapter 45-3 entitled "Town

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Meetings" is hereby amended to read as follows:

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     45-3-4. Meetings other than elective.

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     Town meetings, other than annual or biennial meetings, shall be held at the times that are,

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or may be, by the Constitution or by law required, or may be called in the manner provided in this

 

LC005396 - Page 2 of 4

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chapter. Notwithstanding any provision of any state law or municipal charter provision to the

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contrary, whenever a state or local emergency is declared pursuant to §§ 30-15-9 and 30-15-12(b)

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that prevents a city, town or fire district from conducting a town or district meeting pursuant to this

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chapter, except for a meeting pursuant to § 45-3-1, the governing body of any city, town or fire

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district may provide, by resolution, for the convening of a town or district meeting by remote,

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electronic, virtual or other means; provided, that the governing body finds that the convening of a

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town meeting would jeopardize the public health or safety of persons within the city, town or fire

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district.

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     SECTION 3. This act shall take effect upon passage and all of its provisions shall be

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deemed retroactive to March 9, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - GENERAL POWERS

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     This act would allow a city, town or fire district to appropriate monies, levy taxes and

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expend funds during any declared state or local and/or statewide emergency in the absence of an

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annual or biennial financial town meeting and allow for virtual town, city and fire district meetings

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during state or local emergency declarations.

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     This act would take effect upon passage with all of its provisions retroactive to March 9,

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2020.

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