2022 -- H 8232 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO INCORPORATE THE FOSTER FIRE DISTRICT

     Introduced By: Representative Michael W. Chippendale

     Date Introduced: May 11, 2022

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. The Foster Fire District is hereby incorporated in the manner and form as

follows:

     I. TITLE AND OBJECTIVE

     A. Title and Boundaries. The name of the district incorporated hereby shall be the "Foster

Fire District." The boundaries of the district shall be coextensive with those of the Town of Foster,

Rhode Island. Said district may have a common seal, sue and be sued, impose taxes and fees,

purchase and own property of any description in furtherance of its objective and enjoy the powers

and immunities generally incident to a governmental corporation under the Rhode Island General

Laws.

     B. Objective. The objective of the Foster Fire District shall be for the purpose of providing

fire and rescue services within the Fire District and/or to provide operational funding for nonprofit

fire and rescue in the district and thereby to provide for the protection and preservation of life and

property in the Town of Foster from damage and destruction by fire, accident, disaster, and other

casualty, including the provision of emergency medical services.

     II. QUALIFIED ELECTORS

     The electors of the district qualified to vote in the Town of Foster on propositions to impose

a tax, fees, or for the expenditure of money shall be eligible to vote and act in all meetings of the

district.

     III. BOARD OF COMMISSIONERS

     A. Membership. The Board of Commissioners shall consist of seven (7) qualified electors

in the Town of Foster selected as follows:

     1. One person appointed by the respective boards of each of the four (4) active volunteer

fire and rescue companies in Foster; to wit, South Foster Volunteer Fire Company; Moosup Valley

Volunteer Fire Company; Foster Center Fire Company; and Foster Ambulance Corps (each,

hereinafter, a "public safety organization" as may be used throughout this Act).

     2. Three (3) persons who are not active members of Foster public safety organizations

elected at the annual meeting of the district; provided; however, that the Town Council of the Town

of Foster shall initially fill these three (3) positions by appointment as follows: one for a term to

expire at the district annual meeting in 2023, one for a term to expire at the district annual meeting

in 2024 and one for a term to expire at the district annual meeting in 2025. At the district annual

meeting in 2023 and thereafter, the voters of the District shall elect one person to serve as

Commissioner for a term of three (3) years. Any qualified elector who wishes to run for

Commissioner shall present a petition in support of his or her candidacy containing the signatures

of twenty-five (25) qualified electors to the clerk of the District not less than thirty (30) days before

the annual meeting.

     B. Term and Original Appointment.

     1. The term of the elected members of the Board of Commissioners shall be three (3) years.

     2. The term of the members of the Board of Commissioners appointed by the public service

corporations shall be two (2) years; provided however that the initial term of the commissioners

appointed by South Foster Volunteer Fire Company and the Moosup Valley Volunteer Fire

Company shall be one year. Each Commissioner shall serve until his or her replacement is elected

or appointed and qualified.

     C. Officers of the Board. At the Board meeting following each annual meeting, the Board

shall elect a chair and vice-chair from among its membership for a term of one year. The chair and,

in his or her absence, the vice-chair, shall preside at all meetings of the Board and shall conduct all

meetings in accordance with Robert's Rules of Order (latest version). The Board of Commissioners

shall appoint all committees and members thereto.

     D. Quorum. A quorum shall be a majority of the members of the Board of Commissioners;

provided, however, that in the absence of a quorum, the members present may vote to continue the

meeting to a specified date and time.

     E. Duties of the Board of Commissioners. The Board of Commissioners shall generally

supervise the operations of the district to accomplish the objectives specified above. Without

limiting the generality of the foregoing:

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     1. The Board of Commissioners shall meet on a regular basis to consider all matters related

to the district.

     2. The Board of Commissioners shall, thirty (30) days prior to the annual meeting, present

to the clerk of the District: (a) a written report on the state of affairs of the district; and (b) a

proposed budget for the coming fiscal year, both of which shall be presented to the voters at the

annual meeting.

     3. Whenever a vacancy in the Board shall occur, the chair shall advise the entity that

appointed such Commissioner of the vacancy and the entity shall appoint a qualified voter of the

district to serve as Commissioner for the unexpired term. If an elected member of the Board shall

resign or be otherwise unable to serve, the Board may appoint a Commissioner to serve until the

next annual meeting at which time a Commissioner shall be elected to fill the unexpired term, if

any.

     4. The Board of Commissioners shall have the authority to provide fire and rescue services

directly in the district; to hire, manage and discipline employees; to enter into employment contracts

and/or collective bargaining agreements; purchase vehicles and equipment; take and do all and such

other ordinary and necessary activities and actions required for the Fire District to directly provide

fire and rescue services to the Fire District; enter into contracts and leases for the purchase and sale

of equipment and services necessary to provide proper operations of the district; to sue and be sued

in the courts of this state and to retain legal counsel, accountants, consultants, or any other provider

of professional services, deemed necessary to be in the best interest of the district.

     5. The district shall indemnify any Commissioner or officer for damages, judgments,

settlements, costs, and expenses incurred with any action, suit or appeal therefrom, arising out of

an alleged or actual breach of duty, neglect, error, misstatement or omission, or any other matter

claimed against said person solely by reason of their being a Commissioner or officer of the district.

     6. In order to effectuate the purposes stated herein, the Board of Commissioners may hire

and appoint the tax collector and/or the tax board of review in place in the Town of Foster or, at its

discretion: (a) Hire a separate tax collector; and/or (b) Establish a separate tax board of review for

the district, which duties shall be outlined in the bylaws of said district.

     7. The Board of Commissioners shall have the authority to provide fire protection and

emergency medical services for the District.

     IV. OFFICERS

     The following shall be the officers of the district and shall be appointed by the Board of

Commissioners annually at the first meeting following each annual meeting of the district: clerk,

treasurer, tax collector and moderator. The officers may but need not be members of the Board of

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Commissioners. Officers who are not members of the board shall not be entitled to vote at board

meetings.

     A. Clerk. The clerk shall take minutes of all meetings and shall be held responsible for the

maintenance of same. The clerk shall give notice of every annual meeting, special meeting or

adjourned meeting and shall advertise the call of such meetings as provided herein. The clerk shall

have such additional powers and exercise such additional duties as the bylaws or the Board shall

designate.

     B. Treasurer. The treasurer, before discharging his or her duties, shall give bond to the

Foster Fire District, in such sum as the Board of Commissioners may determine, which will provide

for the faithful discharge of the duties of office. Said bond shall be deposited with the clerk. The

treasurer shall pay out and expend only those funds that are authorized to be expended by vote of

the qualified voters of the Foster Fire District, in any meeting. The treasurer shall make a statement

annually of all accounts in writing and show the sums received and paid during the previous fiscal

year. The treasurer shall have the authority to hire such persons, subject to the limitations as

hereinafter set forth, to carry on the affairs of the Foster Fire District and shall also have the

authority to invest any surplus funds in any interest bearing accounts as provided by law. The

treasurer shall have such additional powers and exercise such additional duties as the bylaws or the

board shall designate. The Board may appoint or designate a qualified elector as assistant treasurer,

said person not to be a member of the Board, who in the absence or disability of the treasurer shall

have the authority to sign checks and assume the other duties of the treasurer. Said person shall

provide bond in an amount to be determined by the board.

     C. Tax Collector. The tax collector for the district shall, for the purposes of collecting taxes,

have the same powers, duties and authorities as are now by law conferred upon collectors of taxes

for municipalities of this state. The tax collector shall pay over to the treasurer on the first business

day of each month the total taxes collected during the previous month, or at more frequent intervals,

at the option of the tax collector or the Board. The tax collector shall determine and assess all real

and personal property, located within the boundaries of the Foster Fire District, on December 31 of

each year, in the same amount as assessed by the Town of Foster. The tax collector shall not assess

any property exempt in whole or in part or knowingly omitted from taxation by the Town of Foster.

The date of collection shall be August 15 following said assessment or such other date as shall be

determined at the annual meeting. Provided, however, in the event the tax roll of the Town of Foster

is not certified by June 15 of any year, the tax collector, on approval of the Board, shall have the

authority to change the date of collection to a date not more than sixty (60) days from the date of

said certificate of the tax roll by the Town of Foster. The tax collector shall, after receipt of the list

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of assessments from the Town of Foster, produce a tax bill based on the tax rate approved by the

qualified voters of the Foster Fire District and further shall maintain records of all tax collections

and delinquent charges and provide annual written reports thereof.

     D. Moderator. The moderator shall preside at all annual and special meetings of the district

in accordance with the authority granted to the town moderator by state law and the Charter of the

Town of Foster.

     E. Removal. Officers shall serve at the pleasure of the Board and may be removed, with or

without cause, by majority vote of the full Board.

     V. BYLAWS

     The qualified electors of the district may, upon recommendation of the board, enact all

bylaws, by them adjudged necessary and expedient for carrying out the provisions of this act

(hereinafter "act" or "charter'') into effect; provided that, the same be not in violation or repugnant

to this charter or the laws of this state.

     VI. TAXABLE PROPERTY

     The term "taxable property of the district" shall mean and intend to include all real, tangible

and personal property located within the boundaries of the district, excluding motor vehicles and

property exempt in whole or in part or knowingly omitted from taxation by the Town of Foster.

     VII. ANNUAL AND SPECIAL MEETINGS

     A. Annual Meetings. There shall be an annual meeting of the district every year for the

purpose of receiving the reports of the Board, approving the budget, ordering taxes and providing

for assessing, levying and collecting the same, enacting bylaws and transacting such other business

or adopting such measures, consistent with the provisions of this act, which the voters at said

meeting shall deem beneficial to the district. The annual meeting shall be held on the second

Wednesday of April in each year, at such time and location within or without the district, as the

Board of Commissioners shall determine. The date of the annual meeting and requirements of the

call of said meeting may be modified in the district bylaws.

     B. Special Meetings. The district shall have a special meeting, upon written application

signed by twenty-five (25) or more qualified electors or at the direction of the board. Written

application for a special meeting and the notice thereof shall specify the business to be transacted

at such meeting. Special meetings shall be called within fourteen (14) days from the date of delivery

of said request to the clerk of the District, at such location and time as the Board of Commissioners

shall determine and the business to be addressed shall be limited to that provided in the notice of

meeting.

     C. Quorum. A quorum at the annual or any special meeting of the district shall be twenty-

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five (25) qualified electors. In the event that a quorum is not present at the time the meeting is

scheduled to open, the moderator is authorized to continue the meeting to such time and date, as in

the discretion of the Board, shall best serve the interests of the district.

     D. Notice of Meetings. Unless otherwise specified in the district bylaws, notice of annual

and special meetings shall follow the requirements of state law for notice of financial town

meetings.

     E. Powers of the District Voters. In addition to the general powers specified above, the

voters shall have the following powers, exercisable at annual and special meetings:

     The power to order such taxes, fees, and provide for the assessing, levying and collecting

of same on the taxable inhabitants and property in said district as they shall deem necessary to

provide proper operating funding for the district and all fire and rescue services in the district and

such taxes, so ordered, shall be assessed by the tax collector of said district on the taxable

inhabitants and property therein, according to the last valuation made by the assessor of the Town

of Foster as provided herein. The taxes assessed and payable in any one year under the provisions

of this section, shall not exceed five dollars ($5.00) on each one thousand dollars ($1,000) of said

valuation; provided further, however, the minimum charge for any district tax bill rendered shall

be not less than twenty dollars ($20.00). The voters may provide such deduction from the tax

assessed against any person, if paid by an appointed time or for such penalty by way of percentage

on the tax if not paid at an appointed time, not exceeding the maximum rate allowed by law upon

said unpaid tax.

     F. Budget Cap. (1) The district shall endeavor to limit its annual budget request to an

amount which exceeds its appropriation for the prior fiscal year by no more than the maximum

levy, in compliance with the provisions of Rhode Island general laws § 44-5-2.

     (2) In the event that the district's budget request exceeds the respective prior year's

appropriation by more than the maximum levy allowed within the provisions of Rhode Island

general laws § 44-5-2, such request shall be voted on at the annual financial meeting and shall

require a two­thirds (2/3) vote of the electors present for approval. Prior to any such vote, the

moderator shall advise the electors, by how much in percent and in dollars the request exceeds the

maximum levy, within the provisions of Rhode Island general laws § 44-5-2.

     (3) In the event that an appropriation resolution which exceeds the prior year's

appropriation by more than the maximum levy within the provisions of Rhode Island General Law

§ 44-5-2 is not approved by a two-thirds (2/3) vote, the moderator shall entertain substitute

resolutions from the floor and, following discussion, shall put any such resolution to a vote, until a

substitute resolution, receives the votes necessary for adoption by majority or a two-thirds (2/3)

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vote, as may be required.

     (4) After all such resolutions which exceed the prior year's appropriation by more the

maximum levy within the provisions of Rhode Island general laws § 44-5-2 have been decided, the

moderator shall put the entire fire district budget to a vote of the electors present at the annual

meeting. The fire district budget shall require a majority vote for approval.

     VIII. DEBTS, BONDS, DEBENTURES AND REPAYMENT

     A. The Foster Fire District is hereby authorized to incur total debt not to exceed one percent

(1%) of the total assessed valuation of all taxable property within the boundaries of the Foster Fire

District as of the assessment last made.

     B. The Foster Fire District is hereby authorized to issue serial bonds or debentures, under

its corporate seal and name. Said bonds or debentures shall be in denominations and shall bear

interest and be upon such terms and conditions and shall be issued and sold by the Foster Fire

District, in such manner and at such time as the qualified electors of the Foster Fire District, by

majority vote of those present and voting, may decide at any annual meeting, special meeting or

adjourned meeting, or in lieu thereof, the qualified electors, by majority vote of those present and

voting, may authorize the board and treasurer to supervise the issuance of said bonds and

debentures.

     C. The chair or vice-chair of the Board and the treasurer shall sign all bonds or debentures

on behalf of the Foster Fire District.

     D. The qualified voters at each annual meeting shall appropriate sufficient funds to meet

the obligations of principal and interest incurred by the issuance of any such bonds or debentures.

     IX. FIRE DISTRICT ACT

     In the event that the Board or twenty-five (25) qualified electors shall, by written petition

request that this Fire District act be revised or amended, then and in that event, the Board shall

appoint a committee to study such proposed amendments or revisions. Said committee shall report

its findings to the Board, which shall present any proposed amendments or revisions to the electors

at a general or town-wide special election. Any amendment or revision to this Fire District act shall

be contained in the warrant for the election, at which it is to be voted upon. Upon approval of any

amendment or revision by the qualified voters of the district, the same shall be referred to the Rhode

Island general assembly for enactment at its first available session.

     X. FISCAL YEAR AND INTERIM FUNDING

     The fiscal year of the district shall be from July 1 through June 30. The Town of Foster

shall provide interim funding to the fire and rescue companies, until the district taxes are assessed

and collected.

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     SECTION 2. Tax Assessment - The taxes assessed and payable for the Foster Fire District

in any one year, shall not exceed five dollars ($5.00) per each one thousand dollars ($1,000) of real

property valuation; provided further, however, that the minimum charge for any Foster Fire District

tax bill rendered shall not be less than twenty dollars ($20.00).

     SECTION 3. The question of approval of this act shall be submitted to the electors within

the Town of Foster at the Rhode Island statewide general election to be held on the eighth day of

November, 2022 and shall be presented in substantially the following manner; "Shall the act passed

during the 2022 legislative session which will create the Foster Fire District and grant separate

taxing authority to said District be approved?" The warning for the election shall contain the

question to be submitted. From until the time the election is warned and the time it is held, it shall

be the duty of the town clerk to keep a copy of the act available at his/her office for public

inspection, but the validity of the election shall not be affected by this requirement or by the

requirements of § 17-5-5 and § 17-5-6.

     SECTION 4. Section 3 shall take effect upon passage of the act. The remainder of this act

shall take effect upon the approval of this act by a majority of the qualified electors within the Town

of Foster at the Rhode Island statewide general election to be held on the eighth day of November

2022.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INCORPORATE THE FOSTER FIRE DISTRICT

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     This act would create the Foster Fire District with authority to levy taxes, for the purpose

of providing fire and rescue services to the town of Foster, subject to its approval by qualified

electors within the town of Foster, at the November 8, 2022, general election.

     Section 3 would take effect upon passage of the act. The remainder of this act would take

effect upon the approval of this act by a majority of the qualified electors within the town of Foster

at the Rhode Island statewide general election to be held on the eighth day of November, 2022.

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