Chapter
294
2005 -- S 1036 SUBSTITUTE A AS AMENDED
Enacted 07/15/05
A N A C T
RELATING TO TOWNS AND CITIES -- GENERAL POWERS
Introduced By: Senator Michael J. Damiani
Date
Introduced: April 28, 2005
It is
enacted by the General Assembly as follows:
SECTION
1. Section 45-2-15 of the General Laws in Chapter 45-2 entitled "General
Powers"
is hereby repealed.
45-2-15.
Police officers and fire fighters. -- No city or town shall
require that an
individual
reside within the city or town as a condition for appointment or continued
employment
in
its police or fire department.
SECTION
2. Chapter 45-2 of the General Laws entitled "General Powers" is
hereby
amended
by adding thereto the following section:
45-2-15.1.
Police officers and firefighters -- Residency within municipality not
required.
– Notwithstanding any prior
ratification and validation by the general assembly of any
home
rule charter provision requiring that police officers and fire fighters reside
within the
employing
city or town, no home rule charter provision shall require that a police
officer or fire
fighter
reside within the city or town as a condition of appointment or continued
employment.
Any
prior ratification and validation by the general assembly of a home rule
charter provision
requiring
residency within a city or town as a condition for employment of a police
officer or fire
fighter
is hereby expressly repealed by the general assembly; further, no city or town
council shall
make
or ordain any ordinance requiring a police officer or fire fighter to reside
within the
employing
city or town as a condition of appointment or continued employment. Any
existing
ordinance
requiring a police officer or fire fighter to reside within the employing city
or town as a
condition
of appointment or continued employment is hereby considered contrary to the
laws of
this
state and is thus void as being in violation of state law.
SECTION
3. Chapter 45-2 of the General Laws entitled "General Powers" is
hereby
amended
by adding thereto the following section:
45-2-15.2.
Municipal employees. – Residency within municipality not required. --
Notwithstanding
any prior ratification and validation by the general assembly of any home rule
charter
provision requiring that municipal employees reside within the employing city
or town, no
home
rule charter provision shall require that a municipal employee reside within
the city or town
as a
condition of appointment or continued employment. Any prior ratification and validation
by
the
general assembly of a home rule charter provision requiring residency within a
city or town as
a
condition for employment of a municipal employee is hereby expressly repealed
by the general
assembly;
provided, further, no city or town council shall make or ordain any ordinance
requiring
a
municipal employee to reside within the employing city or town as a condition
of appointment
of
continued employment. Any existing ordinance requiring a municipal employee to
reside
within
the employing city or town as a condition of appointment or continued
employment is
hereby
considered contrary to the laws of this state and is thus void as being in
violation of state
law.
Nothing in this chapter shall preclude any city or town from offering employment
incentives
to
its employees.
SECTION 4. This act
shall take effect upon passage.
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LC02927/SUB A
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