2024 -- S 2933

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LC005523

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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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

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

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

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     45-40.1-4. Interlocal agreements.

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

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

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

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

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

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conferred by this chapter upon a public agency.

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

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

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

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

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into force.

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     (c) Any agreement shall specify the following:

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     (1) Its duration.

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

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

 

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be legally created.

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     (3) Its purpose or purposes.

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

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maintaining a budget for it.

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

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

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termination.

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     (6) Any other necessary and proper matters.

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

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

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(c) (1)- (c) (6), contain provisions for:

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

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

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represented.

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

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the joint or cooperative undertaking.

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

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

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

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

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responsibility.

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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     SECTION 2. This act shall take effect upon passage.

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LC005523

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- INTERLOCAL CONTRACTING AND JOINT

ENTERPRISE

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     This act would remove the attorney general's oversight of interlocal agreements.

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     This act would take effect upon passage.

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LC005523

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