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 | |
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Introduced By: Senator William J. Conley | |
Date Introduced: June 12, 2020 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 45-2-3.2 of the General Laws in Chapter 45-2 entitled "General |
2 | Powers" is hereby amended to read as follows: |
3 | 45-2-3.2. Availability of funds upon failure of city or town to approve annual |
4 | appropriation. |
5 | (a) Unless otherwise provided by a city or town charter, in an emergency caused by a failure |
6 | of a city or town to approve an annual appropriation measure, the same amounts appropriated in |
7 | the previous fiscal year shall be available for each department and division thereof, subject to |
8 | monthly or quarterly allotments, in accordance with seasonal requirements, as determined by the |
9 | city or town's chief financial officer: provided, that expenditures for payment of bonded |
10 | indebtedness of the city or town and interest thereon shall be in such amounts as may be required, |
11 | regardless of whether or not an annual appropriation ordinance is enacted by the city or town |
12 | council. |
13 | (b) Whenever a state and local emergency is declared pursuant to §§ 30-15-9 and 30-15- |
14 | 12(b) that prevents a city, town or fire district from approving an annual appropriation measure and |
15 | tax levy to fund such appropriation in accordance with their city, town, or fire district charter, the |
16 | city, town or fire district, notwithstanding any city, town, or fire district charter provision to the |
17 | contrary, may adopt an annual appropriation and tax levy or take any other action normally required |
18 | at a financial town meeting or financial town referendum, by the governing body of the city or town |
19 | through passage of a resolution or ordinance in the following manner: |
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1 | (1) By continuing the city, town or fire district's prior annual fiscal year appropriation |
2 | measure and aggregate tax levy not exceeding the total levy of the prior fiscal year to support such |
3 | annual appropriation; provided, that the appropriation and levy shall not extend beyond a city, town, |
4 | or fire district's fiscal year as defined by the city, town, or district charter; |
5 | (i) Any partial levy adopted for a period of less than one fiscal year shall be credited against |
6 | the final levy adopted by the city, town, or fire district in accordance with this section or the |
7 | provisions as set forth in the city, town, or fire district charter. |
8 | (ii) If a city or town has conducted a revaluation of property pursuant to § 44-5-11.6, the |
9 | city or town may use the property values of the most recent revaluation; provided, that the aggregate |
10 | tax levy does not exceed the total levy of the prior fiscal year. |
11 | (2) By the adoption and passage of a new annual appropriation and tax levy by the city, |
12 | town, or fire district's governing body; provided, that levy shall be subject to all of the provisions |
13 | of § 44-5-2. |
14 | (c) Prior to the adoption of any appropriation or levy pursuant to sections (b)(1) or (b)(2) |
15 | of this section or conducting any business normally taken at a financial town meeting or financial |
16 | town referendum, the governing body of the city, town, or fire district shall conduct a public hearing |
17 | on the proposal or business to be considered. The public hearing may be conducted in any manner, |
18 | including electronically or virtually, that enables public comment and participation. Notice of the |
19 | public hearing shall be given by publication of a display advertisement in a newspaper of general |
20 | circulation in the city, town or fire district and by posting of the notice on the website if available, |
21 | of the municipality or fire district at least ten (10) days before the date of the public hearing. The |
22 | notice shall state the date and time of the public hearing and the methods of means of participation |
23 | whether in person, virtually, and/or by submission of written comments. |
24 | (d) The chief executive officer of a city, town, or fire district shall have the power to, by |
25 | executive order, extend, move, or continue any and all budget adoption procedures, including the |
26 | date of any financial town meeting or financial town referendum, as set forth in any city, town or |
27 | fire district charter, until such time as the declared state or municipal emergency is lifted or expires. |
28 | (e) Any tax levy adopted pursuant to sections (b)(1) or (b)(2) of this section shall be subject |
29 | to all of the provisions of chapter 35 of title 44. |
30 | SECTION 2. Section 45-3-4 of the General Laws in Chapter 45-3 entitled "Town |
31 | Meetings" is hereby amended to read as follows: |
32 | 45-3-4. Meetings other than elective. |
33 | Town meetings, other than annual or biennial meetings, shall be held at the times that are, |
34 | or may be, by the Constitution or by law required, or may be called in the manner provided in this |
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1 | chapter. Notwithstanding any provision of any state law or municipal charter provision to the |
2 | contrary, whenever a state or local emergency is declared pursuant to §§ 30-15-9 and 30-15-12(b) |
3 | that prevents a city, town or fire district from conducting a town or district meeting pursuant to this |
4 | chapter, except for a meeting pursuant to § 45-3-1, the governing body of any city, town or fire |
5 | district may provide, by resolution, for the convening of a town or district meeting by remote, |
6 | electronic, virtual or other means; provided, that the governing body finds that the convening of a |
7 | town meeting would jeopardize the public health or safety of persons within the city, town or fire |
8 | district. |
9 | SECTION 3. This act shall take effect upon passage and all of its provisions shall be |
10 | 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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1 | This act would allow a city, town or fire district to appropriate monies, levy taxes and |
2 | expend funds during any declared state or local and/or statewide emergency in the absence of an |
3 | annual or biennial financial town meeting and allow for virtual town, city and fire district meetings |
4 | during state or local emergency declarations. |
5 | This act would take effect upon passage with all of its provisions retroactive to March 9, |
6 | 2020. |
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