Chapter 311

2005 -- H 6442 AS AMENDED

Enacted 07/15/05

A N A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

Introduced By: Representatives Moura, McCauley, Smith, Petrarca, and Williamson

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Powers" is hereby repealed.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fighter is hereby expressly repealed by the general assembly; further, no city or town council shall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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LC02883

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