TITLE 45
Towns and cities

CHAPTER 45-12
Indebtedness of Towns and Cities

SECTION 45-12-22.3


§ 45-12-22.3 Year-end deficits.

(a) If, at the end of any fiscal year, the chief financial official determines, based on available data, that it is likely the city or town's general fund or combined general fund and unrestricted school special revenue fund will incur a deficit, the municipality must notify the auditor general and the division of municipal finance within thirty (30) days and immediately develop a plan to eliminate the deficit. The plan shall provide for the elimination of the accumulated year-end deficit by annual appropriation, over no more than five (5) years, in equal or diminishing amounts. The plan shall indicate the necessary governmental approvals and procedures required, and shall include a legal opinion by municipal counsel that the proposed action is permissible under federal, state, and local law.

(b) The plan to eliminate the year-end deficit shall be submitted to the state auditor general for approval. The state auditor general shall determine whether the plan reasonably insures elimination of the accumulated deficit in accordance with the law in a fiscally responsible manner. The state auditor general may rely on the written representations made by the municipality in the plan and will not be required to perform an audit. The judgment of the state auditor general in applying this standard shall be conclusive.

(c) If the state auditor general determines the plan is insufficient and/or fails to adequately address the financial condition of the municipality, or if a plan is not submitted, then in such event, the state auditor general can petition the superior court for mandatory injunctive relief seeking to compel the municipality to submit a plan as required hereunder. The state auditor general shall also have standing to pursue the appropriate remedies identified in § 45-12-22.7.

History of Section.
(P.L. 2003, ch. 54, § 2; P.L. 2003, ch. 66, § 2; P.L. 2011, ch. 151, art. 12, § 15.)