law24177

Chapter 177

2024 -- S 2933 AS AMENDED
Enacted 06/20/2024

A N A C T

RELATING TO TOWNS AND CITIES -- INTERLOCAL CONTRACTING AND JOINT ENTERPRISE

Introduced By: Senator Matthew L. LaMountain

Date Introduced: March 28, 2024

It is enacted by the General Assembly as follows:

SECTION 1. Sections 45-40.1-4 and 45-40.1-6 of the General Laws in Chapter 45-40.1

entitled "Interlocal Contracting and Joint Enterprises" are hereby amended to read as follows:

45-40.1-4. Interlocal agreements.

(a) Any power or powers, privileges, or authority, exercised or capable of exercise by a

public agency of this state, may be exercised and enjoyed jointly with any other public agency of

any other state or of the United States, and to the extent that laws of the other state or of the United

States permit the joint exercise or enjoyment. Any agency of the state government, when acting

jointly with any public agency, may exercise and enjoy all of the powers, privileges, and authority

conferred by this chapter upon a public agency.

(b)(1) Any two (2) or more public agencies may enter into agreements with one another

for joint or cooperative action pursuant to the provisions of this chapter.

(2) Appropriate action by ordinance, resolution, or otherwise, pursuant to law of the

governing bodies of the participating public agencies, is necessary before any agreement may enter

into force.

(1) Its duration.;

(2) The precise organization, composition, and nature of any separate legal or

administrative entity created by it, together with the powers delegated to it, provided the entity may

be legally created.;

(3) Its purpose or purposes.;

(4) The manner of financing the joint or cooperative undertaking, and of establishing and

maintaining a budget for it.;

(5) The permissible method or methods to be employed in accomplishing the partial or

complete termination of the agreement and for disposing of property upon partial or complete

termination.; and

(6) Any other necessary and proper matters.

(d) In the event that the agreement does not establish a separate legal entity to conduct the

joint or cooperative undertaking, the agreement shall, pursuant to the requirements of subsections

(1) An administrator or a joint board responsible for administering the joint or cooperative

undertaking. In the case of a joint board, all public agencies party to the agreement shall be

represented.; and

(2) The manner of acquiring, holding, and disposing of real and personal property used in

the joint or cooperative undertaking.

(e) No agreement made pursuant to this chapter relieves any public agency of any

obligation or responsibility imposed upon it by law, except that with respect to the actual and timely

performance of it by a joint board or other legal or administrative entity created by an agreement

made under this chapter, the performance may be offered in satisfaction of the obligation or

responsibility.

(f) Every agreement made under this chapter shall, prior to and as a condition precedent to

its entry into force, be submitted to the attorney general who shall determine whether the agreement

is in proper form and in compliance with the laws of this state. The attorney general shall approve

any agreement submitted to him or her unless he or she finds that it does not meet the conditions

established by this chapter, and shall state, in writing, addressed to the governing bodies of the

public agencies concerned, the specific respects in which the proposed agreement fails to meet the

requirements of law. Failure of the attorney general to disapprove an agreement submitted under

this chapter within fifteen (15) days of its submission constitutes approval of the agreement.

45-40.1-6. Additional approval in certain cases.

In the event that an agreement made pursuant to this chapter deals in whole or in part with

the provision of services or facilities with regard to which an officer or agency of the state

government has constitutional or statutory powers of control, the agreement shall, as a condition

precedent to its entry into force, be submitted to the state officer or agency having power of control,

and shall be approved or disapproved by him, her or it, as to all matters within his, her or its

jurisdiction, in the same manner and subject to the same requirements governing the action of the

attorney general pursuant to § 45-40.1-4. The requirement of submission and approval is in addition

to, not in substitution for, the requirement of submission to and approval by the attorney general

with a determination of whether the agreement is in proper form and in compliance with the laws

of the state.

SECTION 2. This act shall take effect upon passage.

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LC005523

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