| Chapter 019 |
| 2020 -- H 8015 Enacted 06/24/2020 |
| A N A C T |
| RELATING TO TOWNS AND CITIES - GENERAL POWERS |
| Introduced By: Representative John G. Edwards |
| Date Introduced: June 09, 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. |
| (c) Prior to the adoption of any appropriation or levy pursuant to sections subsection (b)(1) |
| 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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| LC005394 |
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