2024 -- S 2933 | |
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LC005523 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- INTERLOCAL CONTRACTING AND JOINT | |
ENTERPRISE | |
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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: | |
1 | SECTION 1. Sections 45-40.1-4 and 45-40.1-6 of the General Laws in Chapter 45-40.1 |
2 | entitled "Interlocal Contracting and Joint Enterprises" are hereby amended to read as follows: |
3 | 45-40.1-4. Interlocal agreements. |
4 | (a) Any power or powers, privileges, or authority, exercised or capable of exercise by a |
5 | public agency of this state, may be exercised and enjoyed jointly with any other public agency of |
6 | any other state or of the United States, and to the extent that laws of the other state or of the United |
7 | States permit the joint exercise or enjoyment. Any agency of the state government, when acting |
8 | jointly with any public agency may exercise and enjoy all of the powers, privileges, and authority |
9 | conferred by this chapter upon a public agency. |
10 | (b)(1) Any two (2) or more public agencies may enter into agreements with one another |
11 | for joint or cooperative action pursuant to the provisions of this chapter. |
12 | (2) Appropriate action by ordinance, resolution, or otherwise, pursuant to law of the |
13 | governing bodies of the participating public agencies, is necessary before any agreement may enter |
14 | into force. |
15 | (c) Any agreement shall specify the following: |
16 | (1) Its duration. |
17 | (2) The precise organization, composition, and nature of any separate legal or |
18 | administrative entity created by it, together with the powers delegated to it, provided the entity may |
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1 | be legally created. |
2 | (3) Its purpose or purposes. |
3 | (4) The manner of financing the joint or cooperative undertaking, and of establishing and |
4 | maintaining a budget for it. |
5 | (5) The permissible method or methods to be employed in accomplishing the partial or |
6 | complete termination of the agreement and for disposing of property upon partial or complete |
7 | termination. |
8 | (6) Any other necessary and proper matters. |
9 | (d) In the event that the agreement does not establish a separate legal entity to conduct the |
10 | joint or cooperative undertaking, the agreement shall, pursuant to the requirements of subsections |
11 | (c) (1)- (c) (6), contain provisions for: |
12 | (1) An administrator or a joint board responsible for administering the joint or cooperative |
13 | undertaking. In the case of a joint board, all public agencies party to the agreement shall be |
14 | represented. |
15 | (2) The manner of acquiring, holding, and disposing of real and personal property used in |
16 | the joint or cooperative undertaking. |
17 | (e) No agreement made pursuant to this chapter relieves any public agency of any |
18 | obligation or responsibility imposed upon it by law, except that with respect to the actual and timely |
19 | performance of it by a joint board or other legal or administrative entity created by an agreement |
20 | made under this chapter, the performance may be offered in satisfaction of the obligation or |
21 | responsibility. |
22 | (f) Every agreement made under this chapter shall, prior to and as a condition precedent to |
23 | its entry into force, be submitted to the attorney general who shall determine whether the agreement |
24 | is in proper form and in compliance with the laws of this state. The attorney general shall approve |
25 | any agreement submitted to him or her unless he or she finds that it does not meet the conditions |
26 | established by this chapter, and shall state, in writing, addressed to the governing bodies of the |
27 | public agencies concerned, the specific respects in which the proposed agreement fails to meet the |
28 | requirements of law. Failure of the attorney general to disapprove an agreement submitted under |
29 | this chapter within fifteen (15) days of its submission constitutes approval of the agreement. |
30 | 45-40.1-6. Additional approval in certain cases. |
31 | In the event that an agreement made pursuant to this chapter deals in whole or in part with |
32 | the provision of services or facilities with regard to which an officer or agency of the state |
33 | government has constitutional or statutory powers of control, the agreement shall, as a condition |
34 | precedent to its entry into force, be submitted to the state officer or agency having power of control, |
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1 | and shall be approved or disapproved by him, her or it, as to all matters within his, her or its |
2 | jurisdiction, in the same manner and subject to the same requirements governing the action of the |
3 | attorney general pursuant to ยง 45-40.1-4. The requirement of submission and approval is in addition |
4 | to, not in substitution for, the requirement of submission to and approval by the attorney general. |
5 | SECTION 2. This act shall take effect upon passage. |
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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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1 | This act would remove the attorney general's oversight of interlocal agreements. |
2 | This act would take effect upon passage. |
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