law20014

Chapter 014

2020 -- S 2864
Enacted 06/24/2020

A N A C T

RELATING TO TOWNS AND CITIES - GENERAL POWERS

Introduced By: Senator William J. Conley

Date Introduced: June 12, 2020

It is enacted by the General Assembly as follows:

SECTION 1. Section 45-2-3.2 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

45-2-3.2. Availability of funds upon failure of city or town to approve annual

appropriation.

(a) Unless otherwise provided by a city or town charter, in an emergency caused by a failure

of a city or town to approve an annual appropriation measure, the same amounts appropriated in

the previous fiscal year shall be available for each department and division thereof, subject to

monthly or quarterly allotments, in accordance with seasonal requirements, as determined by the

city or town's chief financial officer:; provided, that expenditures for payment of bonded

indebtedness of the city or town and interest thereon shall be in such amounts as may be required,

regardless of whether or not an annual appropriation ordinance is enacted by the city or town

council.

(b) Whenever a state and local emergency is declared pursuant to §§ 30-15-9 and 30-15-

12(b) that prevents a city, town, or fire district from approving an annual appropriation measure

and tax levy to fund such appropriation in accordance with their city, town, or fire district charter,

the city, town, or fire district, notwithstanding any city, town, or fire district charter provision to

the contrary, may adopt an annual appropriation and tax levy or take any other action normally

required at a financial town meeting or financial town referendum, by the governing body of the

city or town through passage of a resolution or ordinance in the following manner:

(1) By continuing the city, town, or fire district's prior annual fiscal year appropriation

measure and aggregate tax levy not exceeding the total levy of the prior fiscal year to support such

annual appropriation; provided, that the appropriation and levy shall not extend beyond a city, town,

or fire district's fiscal year as defined by the city, town, or district charter;

(i) Any partial levy adopted for a period of less than one fiscal year shall be credited against

the final levy adopted by the city, town, or fire district in accordance with this section or the

provisions as set forth in the city, town, or fire district charter.

(ii) If a city or town has conducted a revaluation of property pursuant to § 44-5-11.6, the

city or town may use the property values of the most recent revaluation; provided, that the aggregate

tax levy does not exceed the total levy of the prior fiscal year.

(2) By the adoption and passage of a new annual appropriation and tax levy by the city,

town, or fire district's governing body; provided, that levy shall be subject to all of the provisions

of § 44-5-2.

or (b)(2) of this section or conducting any business normally taken at a financial town meeting or

financial town referendum, the governing body of the city, town, or fire district shall conduct a

public hearing on the proposal or business to be considered. The public hearing may be conducted

in any manner, including electronically or virtually, that enables public comment and participation.

Notice of the public hearing shall be given by publication of a display advertisement in a newspaper

of general circulation in the city, town, or fire district and by posting of the notice on the website

if available, of the municipality or fire district at least ten (10) days before the date of the public

hearing. The notice shall state the date and time of the public hearing and the methods of means of

participation whether in person, virtually, and/or by submission of written comments.

(d) The chief executive officer of a city, town, or fire district shall have the power to, by

executive order, extend, move, or continue any and all budget adoption procedures, including the

date of any financial town meeting or financial town referendum, as set forth in any city, town, or

fire district charter, until such time as the declared state or municipal emergency is lifted or expires.

(e) Any tax levy adopted pursuant to sections subsection (b)(1) or (b)(2) of this section

shall be subject to all of the provisions of chapter 35 of title 44.

SECTION 2. Section 45-3-4 of the General Laws in Chapter 45-3 entitled "Town

Meetings" is hereby amended to read as follows:

45-3-4. Meetings other than elective.

Town meetings, other than annual or biennial meetings, shall be held at the times that are,

or may be, by the Constitution or by law required, or may be called in the manner provided in this

chapter. Notwithstanding any provision of any state law or municipal charter provision to the

contrary, whenever a state or local emergency is declared pursuant to §§ 30-15-9 and 30-15-12(b)

that prevents a city, town, or fire district from conducting a town or district meeting pursuant to

this chapter, except for a meeting pursuant to § 45-3-1, the governing body of any city, town, or

fire district may provide, by resolution, for the convening of a town or district meeting by remote,

electronic, virtual or other means; provided, that the governing body finds that the convening of a

town meeting would jeopardize the public health or safety of persons within the city, town, or fire

district.

SECTION 3. This act shall take effect upon passage and all of its provisions shall be

deemed retroactive to March 9, 2020.

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LC005396

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